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Home / Opinion Digests / Most Important Opinions / Tort/Negligence — State Constitutional Claim – Adequate Common Law Remedy – Public Officer Immunity – Malice (access required)

Tort/Negligence — State Constitutional Claim – Adequate Common Law Remedy – Public Officer Immunity – Malice (access required)

DeBaun v. Kuszaj (Lawyers Weekly No. 14-07-1161, 11 pp.) (Ann Marie Calabria, J.) Appealed from Durham County Superior Court (Orlando Hudson Jr., J.) On remand from the N.C. Supreme Court. N.C. App. Holding: Even though plaintiff must prove malice in order to overcome the affirmative defense of public officer immunity if he is to succeed on ...

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