District Court, M.D. North Carolina July 12, 2006, 1:04CV00151 (Massasoit v. Carter)

MEMORANDUM OPINION AND ORDER

ELIASON, United States Magistrate Judge.

This case arises out of tragic events that unfolded on the day of February 23, 2002 in Moore County, North Carolina. On that date, defendant Moore County Deputy Sheriff Randall Butler shot and killed Tallas Tomeny and shot and seriously wounded plaintiff Phelps, both Green Beret Special Forces soldiers.