McCloud v. Hildebrand et al, No. 5:2007cv00089 - Document 44 (W.D.N.C. 2010)

Court Description: ORDER granting in part and denying in part dfts' 16 Motion for Summary Judgment. Dfts' motion is denied as to the Section 1983 claim and state law excessive force claim relevant to the third gunshot (Wound #3 to M cCloud's back). Dfts' motion is also denied as to plf's wrongful death claim, NC Gen. Stat. 28A-18-2. Dfts' motion is granted as to all other claims. Remaining causes of action will proceed to jury trial during the January, 2011, Statesville Division Trial Term with Calendar Call on Monday, 1/10/2011, and Jury Selection to begin on Tuesday, 1/11/2011. Signed by District Judge Richard Voorhees on 11/16/2010. (cbb)