Legal Opinion
Bowling v. Oldham
District Court, M.D. North Carolina
Decided November 29, 1990No. C-89-433-WSPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION
ERWIN, Chief Judge.
This matter arises from allegations by the plaintiff that the deceased, Claude Calvin Howell, Jr., died as a result of violations of his civil rights. Plaintiff seeks a ruling in advance of trial as to whether the North Carolina wrongful death statute (N.C.Gen.Stat. § 28A-18-2 (1984)) is applicable in determining the measure of damages for actions brought pursuant to 42 U.S.C. § 1983 (1981).
Factual Background
The deceased, Claude Calvin Howell, Jr., was a detainee in the Forsyth County jail from December 29, 1987 until February 16, 1988. Upon arriving, the…
2Cases cited10 opinions
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- Robertson v. WegmannSupreme Court of the United States · 1978
- Burnett v. GrattanSupreme Court of the United States · 1984
- Leanna Jaco, Individually and as Administratrix of the Estate of Carl D. Storer, Deceased v. Jerry G. BloechleCourt of Appeals for the Sixth Circuit · 1984
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3Cited by1 opinion
- SMITH v. CITY OF GREENSBORODistrict Court, M.D. North Carolina · 2020