Carnahan ex rel. Carnahan v. Reed

MORRIS, Chief Judge.

Initially, we must concern ourselves with the question of plaintiffs standing to bring this action. Plaintiff prosecutes her action in several different capacities. Plaintiff is not a member of the class of all prisoners or former prisoners which she claims to represent. Therefore, her complaint does fail to state a cause of action insofar as it pertains to that class. G.S. 1A-1, Rule 23, provides in part:

Class Actions.(a) Representation. — If persons constituting a class are so numerous as to make it impracticable to bring them all before the court, such of them, one or…