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Date: 01-09-2010

Case Style: Stephen Phelps v. Lane Carter and Randall Butler

Case Number: 1:04-cv-00151-WO-PTS

Judge: William L. Osteen, Jr.

Court: United States District Court for the Middle District of North Carolina (Guilford County)

Plaintiff's Attorney: Joseph Dalton, Eason Dalton & Associates, Hendersonville, Tennessee; Curtis Scott Holmes, Brock Payne & Meece, P.A., Durham, North Carolina; and Stewart W. Fisher and Carlos F. Mahoney, Glenn Mills and Fisher, P.A., Durham, North Carolina

Defendant's Attorney: Tyrus Dahl, Elizabeth D. Tucker, Bradley Owen Wood and James Morgan, Jr., Womble Carlyle Sandridge & Rice, LLC, Winstron-Salem, North Carolina

Description: Stephen Phelps sued Moore County Deputy Sheriffs Lane Carter and Randall Butler on a civil rights violation theory, 42 U.S.C. 1983, claiming that they used excessive force when they shot and injured him and killed 1st Lt. Tallas Tomeny. Phelps and Tomeny were participating in a training exercise called Robin Sage in which they simulated infiltration of a foreign nation. The thought that Butler was part of the exercise when he investigated what the called suspicious behavior on the part of Phelps and Tomeny.

Defendants denied wrongdoing and claimed that they were justified in using deadly force against Phelps and Tomeny by the situation that they encountered.

Outcome: Plaintiff's verdict for $650,000.00. Settled for $580,000.00.

Plaintiff's Experts:

Defendant's Experts:

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