MONTGOMERY v. HUNT et al

Filing 91

MEMORANDUM OPINION AND RECOMMENDATION AND ORDER OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 1/28/2025; RECOMMENDED that Defendants' Motions for Summary Judgment [Doc. # 77 , # 84 ] be GRANTED to the extent that the official claims against all Defendants be dismissed, but DENIED as to the individual capacity claims. ORDERED that Plaintiff's prior requests for appointment of counsel are GRANTED to the extent that the Court will request assistance of counsel for Plaintiff pursuant to the Court's Pro Bono Plan, to represent Plaintiff at trial and for any pre-trial preparation, and the case is referred to the Clerk to determine the availability of counsel to accept that request. FURTHER ORDERED that counsel for Defendant Hunt, appearing for the North Carolina Department of Justice, is directed to coordinate with the North Carolina Department of Justice to contact Defendant Hicks and determine if the state will be providing representation of Defendant Hicks pursuant to the Defense of State Employees Act. A report on this determination must be filed by February 28, 2025. (sh)

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