Legal Opinion

Turner v. City of Greenville

Court of Appeals of North Carolina

Decided June 16, 2009No. COA08-630PublishedCited by 13 opinions

1Opinion of the Court

WYNN, Judge.

Under N.C. Gen. Stat. § 15A-401(d), a law enforcement officer is justified in using deadly physical force upon another person to defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force. 1 In this appeal, Plaintiffs Karl and Barbara Turner argue that the trial court erred by granting summary judgment to Defendant City of Greenville on their claims arising from the shooting death of their son by police officers. Because the officers’ actions were justified under N.C. Gen. Stat. § 15A-401(d) (2007), we affirm summary…

2Cases cited10 opinions

  1. State v. IrickSupreme Court of North Carolina · 1977
  2. Bailey v. StateSupreme Court of North Carolina · 1998
  3. State v. JonesSupreme Court of North Carolina · 2000
  4. Hare v. ButlerCourt of Appeals of North Carolina · 1990
  5. Moore v. EvansCourt of Appeals of North Carolina · 1996

5 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Brian C. Lee, Sr. v. Town of SeaboardCourt of Appeals for the Fourth Circuit · 2017
  2. Wilcox v. City of AshevilleCourt of Appeals of North Carolina · 2012
  3. Hart v. BrienzaCourt of Appeals of North Carolina · 2016
  4. Mills v. Duke UniversityCourt of Appeals of North Carolina · 2014
  5. Richmond v. City of AshevilleCourt of Appeals of North Carolina · 2015

8 more not listed; retrieve them via the Exa API.

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