McLAUGHLIN v. BAILEY

No. 163A15.

781 S.E.2d 23 (2016)

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

Supreme Court of North Carolina.

January 29, 2016.


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, by Sean F. Perrin , for defendant-appellees.

Tin Fulton Walker & Owen, PLLC, Chapel Hill, by William G. Simpson, Jr. ; and Pinto Coates Kyre & Bowers, PLLC, Greensboro, by Jon Ward , for North Carolina Advocates for Justice, amicus curiae.

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

Bailey & Dixon, LLP, Raleigh, by Jeffrey P. Gray ; and McGuinness Law Firm, Elizabethtown, by J. Michael McGuinness , for North Carolina State Lodge of the Fraternal Order of Police, amicus curiae.


For the reasons stated in Young v. Bailey, ___ N.C. ___, ___ S.E.2d ___, 2016 WL 363556 (2016) (355PA14-2), plaintiffs' suit under N.C.G.S. § 153A-99 fails. In addition, the suit brought by plaintiff Stanley pursuant to the North Carolina Constitution and the United States Constitution fails for the reasons set out in Young v...

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