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McLAUGHLIN v. BAILEY

No. COA14-446.

771 S.E.2d 570 (2015)

Ivan McLAUGHLIN and Timothy Stanley, Plaintiffs, v. Daniel BAILEY, in his individual and official capacity as Sheriff of Mecklenburg County, and Ohio Casualty Insurance Company, Defendants.

Court of Appeals of North Carolina.

April 7, 2015.

Attorney(s) appearing for the Case

Kennedy, Kennedy, Kennedy, and Kennedy, LLP, Winston-Salem, by Harold L. Kennedy, III , and Harvey L. Kennedy , for plaintiff-appellants.

Womble, Carlyle, Sandridge and Rice, LLP, Charlotte, by Sean F. Perrin , for defendant-appellee.

Edmond W. Caldwell, Jr. , for amicus curiae North Carolina Sheriffs' Association.

The employees of a county sheriff, including deputies and others hired by the sheriff, are directly employed by the sheriff and not by the county or by a county department. Sheriff's employees are not "county employees" as defined in N.C. Gen.Stat. § 153A-99 and are not entitled to the protections of that statute. As a sworn...

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