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TURNER v. THOMAS

No. COA13-1131.

762 S.E.2d 252 (2014)

Kirk Alan TURNER, Plaintiff, v. Special Agent Gerald R. THOMAS, in his individual capacity and, in the alternative, in his official capacity; Special Agent Duane Deaver, in his individual capacity and, in the alternative, in his official capacity; Robin Pendergraft, in her individual capacity and, in the alternative, in her official capacity; and John and Jane Doe SBI Supervisors, in their individual capacities and, in the alternative in their official capacities, Defendants.

Court of Appeals of North Carolina.

August 5, 2014.

Attorney(s) appearing for the Case

Morrow, Porter, Vermitsky & Fowler, PLLC, Winston-Salem , by John C. Vermitsky , for plaintiff-appellant.

Attorney General Roy Cooper , by Special Deputy Attorney General Angel E. Gray , Special Deputy Attorney General Grady Balentine, Jr., and Assistant Attorney General Matthew Boyatt , for defendants-appellees.

GEER, Judge.

Plaintiff Kirk Allan Turner appeals from an order granting the motions of defendants Gerald R. Thomas, Duane Deaver, Robin Pendergraft and John and Jane Doe to dismiss for lack of subject matter jurisdiction and for failure to state a claim upon which relief may be granted pursuant to Rules 12(b)(1) and 12(b)(6) of the Rules of Civil Procedure. We agree with plaintiff that the trial court erred in dismissing his state law claims against defendants Thomas...

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