Lineberger v. North Carolina Department of Correction

CALABRIA, Judge.

The North Carolina Department of Correction (“NCDOC”) and the North Carolina Post-Release Supervision and Parole Commission (“Parole Commission”) (collectively “defendants”) appeal from an order and judgment denying defendants’ motion for summary judgment and entering a declaratory judgment in favor of Jeffrey Bernard Lineberger (“plaintiff’). We affirm.

On 5 January 1994, in Mecklenburg County Superior Court, pursuant to a plea agreement, plaintiff was convicted of one count of common law robbery, one count of second-degree kidnapping, and one count of conspiracy to commit…