North Carolina Lawyers Weekly

Dec 17, 2024

4th Circuit: District Court erred when it failed to heed remand order

Where this court previously held that school officials were entitled to public official immunity and that the claims against them must be dismissed, the District Court erred when it allowed […]

Dec 3, 2024

4th Circuit: Officers entitled to qualified immunity in shooting

Where the undisputed evidence showed that, just before the officers fired, a man’s gun was pointed at two officers, the officers’ use of force in response to this perceived threat […]

Feb 25, 2015

Tort/Negligence — Public Official Immunity – State Trooper Training – Injured Trainee

Martin v. Moreau (Lawyers Weekly No. 15-16-0178, 17 pp.) (Richard Dietz, J.) Appealed from Wake County Superior Court (Robert Hobgood, J.) N.C. App. Unpub. Holding: From plaintiff’s forecast of evidence, […]

Aug 8, 2012

Tort/Negligence – Police Shooting Victim – Car Chase – Passenger – Public Official Immunity – Malice – Constructive Intent — Constitutional

Wilcox v. City of Asheville Since neither the public nor the three defendant-police officers were in danger from the slow-moving vehicle when the officers fired upon it, shooting and injuring the plaintiff-passenger, there is a genuine issue as to whether the officers acted with malice under the constructive intent doctrine.

Aug 7, 2012

Tort/Negligence – Police Shooting Victim – Car Chase – Passenger – Public Official Immunity – Malice – Constructive Intent — Constitutional

Wilcox v. City of Asheville Since neither the public nor the three defendant-police officers were in danger from the slow-moving vehicle when the officers fired upon it, shooting and injuring the plaintiff-passenger, there is a genuine issue as to whether the officers acted with malice under the constructive intent doctrine.

May 1, 2012

Tort/Negligence – Malicious Prosecution – Public Official Immunity – Arrest Warrant – Probable Cause – Teacher Touching Students

Beeson v. Palombo Police Captain McKenzie informed a magistrate that the plaintiff-teacher had “touched [the] breast area” of two minor female students even after at least one of the students had covered herself with her arms and asked plaintiff not to touch her. This is certainly enough for a reasonable person to conclude that an offense had been committed and that plaintiff was the [...]

Dec 22, 2011

Tort/Negligence – Wrongful Death – Public Official Immunity – EMT

Fraley v. Griffin An EMT who was sued for wrongful death properly had his motion for summary judgment denied since he is not entitled to public official immunity and may be held personally liable for any harm caused by his negligence in his position as an EMT.

Nov 3, 2010

Municipal – Tort/Negligence – Wrongful Death – Public Official Immunity – Public Official vs. Public employee – Use of Discretion – Summary Judgment

Hunter v. Transylvania County DSS. Because the defendant was vested with and exercised discretion consistent with those exercised by a public official, and since the plaintiff conceded that the conduct of the official was not malicious, corrupt, or outside the scope of her official authority, the claim against the public official is barred on the basis of public official immunity. We reve[...]

Oct 5, 2010

Tort/Negligence – Gross Negligence – Sovereign Immunity – Public Official Immunity

Lunsford v. Renn. The plaintiff failed to forecast evidence sufficient to raise a genuine issue of material fact that a police officer pursuing a driver who struck and killed two people acted with a reckless indifference to the safety of the public. The officer was entitled to public official immunity. A town did not waive its governmental immunity by purchasing an insurance policy.