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LOPP v. ANDERSON

No. COA16-111. No. COA16-112.

795 S.E.2d 770 (2016)

Frederick Samuel LOPP, Plaintiff, v. Joel ANDERSON, Individually and in his Official Capacity; Kent Winstead, Sheriff of Franklin County, in his Official Capacity; Franklin County; Garrett Stanley, Individually and in his Official Capacity; Andy Castaneda, Individually and in his Official Capacity; Sherri Brinkley, Individually and in her Official Capacity; Louisburg Police Department; and The Town of Louisburg, Defendants. Roddie McKinley Lopp, Plaintiff, v. Joel Anderson, Individually and in His Official Capacity; Kent Winstead, Sheriff of Franklin County, in his Official Capacity; Franklin County; Garrett Stanley, Individually and in His Official Capacity; Andy Castaneda, Individually and in his Official Capacity; Sherri Brinkley, Individually and in Her Official Capacity; Louisburg Police Department; and The Town of Louisburg, Defendants.

Court of Appeals of North Carolina.

Filed: December 20, 2016.

Attorney(s) appearing for the Case

Stainback, Satterwhite & Zollicoffer, PLLC, by Paul J. Stainback , for Plaintiffs-Appellants.

Womble Carlyle Sandridge & Rice, LLP, by Christopher J. Geis , for Defendants-Appellees Joel Anderson, Sheriff Kent Winstead, and Franklin County.

Pinto Coates Kyre & Bowers, PLLC, by Richard L. Pinto , and Andrew G. Pinto , for Defendants-Appellees Garrett Stanley, Andy Castaneda, Sherri Brinkley, Louisburg Police Department, and Town of Louisburg.

I. Facts

The events relevant to this appeal occurred on 28 June 2009. On that date, Roddie McKinley Lopp ("Roddie") lived with his parents, Mary Lopp and Frederick Samuel Lopp ("Frederick") (Frederick together with Roddie, "Plaintiffs") in Louisburg. Roddie had two young children ("the children"), whose mother...

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