Ingram v. Kerr

COZORT, Judge.

Ivan Ingram was shot and killed during a drug bust in the City of Raleigh on 8 November 1991. His estate sued the officer who fired the fatal shot, alleging that the officer intentionally and recklessly shot Ingram, an unarmed and innocent bystander, in a willful, wanton and grossly negligent fashion, inconsistent with his training, by shooting Ingram before ascertaining whether he was armed. The trial court granted the defendant officer’s motion to dismiss for failure to state a claim upon which relief can be granted. Plaintiff appeals. We affirm the trial court’s dismissal of…