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Families in jail fire can sue state: 2002 Mitchell County blaze killed 8 inmates; county has already settled legal claims.

The Charlotte Observer (Charlotte, NC )

| June 29, 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. 29--The N.C. Supreme Court ruled Thursday that families of four of the eight inmates who died in the 2002 Mitchell County jail fire -- and one survivor -- can sue the state for negligence.

The families allege that the N.C. Department of Health and Human Services, whose jail inspection wing is responsible for ensuring jail safety in all 100 N.C. counties, failed in its 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 compel testimony from Sheriff Ken Fox, jailer Diana Greene and others in positions of…

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