Smith v. Heath

STEELMAN, Judge.

Defendant’s appeal of the trial court’s denial of his summary judgment motion is dismissed for lack of a sufficient record on appeal.

I. Factual and Procedural Background

On 26 March 2008, Kevin James Smith (“plaintiff’) and another prisoner were being transported by Christopher Bruce Heath (“Heath”), a deputy sheriff with the Lenoir County Sheriff’s Department, from Lenoir County to the State Correctional Facilities in Hyde County and Pasquotank County. At approximately 10:38 p.m., while traveling east on North Carolina Highway 33 in Pitt County, Heath saw what he believed to…