Issue

North Carolina—right to a speedy trial—convictions set aside—adequacy of remedy

Summary

Where plaintiff's criminal convictions were vacated as a remedy for the State having violated plaintiff's constitutional right to a speedy trial, plaintiff was not entitled to additional relief in the form of money damages, which he sought in a private action pursuant to Corum v. Univ. of N.C., 330 N.C. 761 (1992), because Corum claims are reserved solely for instances in which a plaintiff has no other forum in which to seek redress for a constitutional violation. Where plaintiff had an opportunity to present and have his constitutional claim heard, and was given an adequate state remedy, the trial court properly granted summary judgment against plaintiff in his action against the State and the officials involved in his criminal prosecution. The Supreme Court modified and affirmed the Court of Appeals' decision where, although the latter court correctly upheld the trial court's order, its reliance on a federal case rather than Corum to reach its conclusion was expressly disavowed.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →