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High court: Jail fire victims can sue state.

The Charlotte Observer (Charlotte, NC )

| June 28, 2007 | This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

Byline: Greg Lacour

Jun. 28--The N.C. Supreme Court ruled Thursday that families of four inmates who died in the 2002 Mitchell County jail fire -- and one survivor -- can pursue negligence claims against the state.

The families will allege that N.C. Health and Human Services, whose jail inspection division is responsible for ensuring the safety of jails in all 100 N.C. counties, failed in their duty, said Ben Baker, an Alabama attorney representing family members of two inmates.

More important, Baker said, is that for the first time, the families will be able to collect testimony from the jailer, sheriff, trusty and others who until now have been…

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