Plaintiff Estate Administrator Alleges State Judicial Body Violated Constitutional Rights

In a dramatic legal confrontation, the estate administrator of two deceased individuals has filed a complaint against a state judicial body, alleging constitutional violations that have left the families seeking justice. On March 21, 2024, Julio Simuel, as the administrator of the estates of Tiyquasha Simuel and K’yson Kawhi Finley, initiated legal proceedings in Wake County Superior Court against the North Carolina Administrative Office of the Courts. The complaint alleges that this state entity failed to provide equal protection under the law, leading to tragic consequences.

The case centers around events from June 2019 when Tiyquasha Simuel was called to testify in a capital murder trial in Asheville. While she was initially provided with law enforcement protection by the Buncombe County District Attorney’s Office (BCDA), this protection was revoked after her testimony. Subsequently, she was subpoenaed again by the defense attorney and remained in Asheville without any security measures in place. Tragically, on June 13, 2019, while still under subpoena and without protection, she was shot and killed. Plaintiff Julio Simuel argues that this lack of continued protection constitutes a violation of equal protection rights under Article I, Section 19 of the North Carolina Constitution.

Simuel’s initial claims for wrongful death/negligence were dismissed by the North Carolina Industrial Commission due to jurisdictional issues. However, undeterred by this setback, he pursued action in superior court on constitutional grounds. The plaintiff contends that Assistant District Attorneys (ADAs) employed by the defendant discriminated against Tiyquasha based on gender by not extending protective measures similar to those provided to jurors whose lives were threatened during the trial.

The lawsuit seeks recognition of these alleged constitutional violations and aims for appropriate relief through judicial intervention. Despite these assertions, Judge Paul C. Ridgeway dismissed Simuel’s complaint with prejudice under Rule 12(b)(6), stating it failed to establish a claim upon which relief could be granted. The dismissal was upheld upon appeal with Chief Judge Dillon affirming that no colorable claim had been made under Corum v. University of North Carolina—a precedent requiring specific allegations showing constitutional rights violations without adequate state remedies.

Representing Julio Simuel are attorneys Harvey L. Kennedy and Harold L. Kennedy III from Kennedy, Kennedy, Kennedy & Kennedy LLP. On behalf of the defendant is Special Deputy Attorney General Elizabeth Curran O’Brien under Attorney General Jeff Jackson’s office. The case ID is COA25-142 with proceedings heard before Judges Griffin and Flood who concurred with Chief Judge Dillon’s opinion.