Chapman Ex Rel. Chapman v. Byrd

LEWIS, Judge.

Plaintiffs appeal the N.C.R. Civ. P. 12(b)(6) dismissal of their claims for defamation, intentional and negligent infliction of emotional distress, and their 42 U.S.C. § 1983 (“Section 1983”) claims for violation of their federal due process rights.

On 1 December 1994, these nine plaintiffs filed complaints against defendants. Upon defendants’ motion and by order entered 13 July 1995, Judge B. Craig Ellis dismissed all of the claims. Plaintiffs appeal.

In reviewing a N.C.R. Civ. P. 12(b)(6) dismissal, we must take plaintiffs’ allegations as true. Forbis v. Honeycutt, 301 N.C. 699,…