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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, a reasonable jury could conclude that she suffered a severe and obvious injury during state trooper training and that the defendant-instructors abandoned her and did […]
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.
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.
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 [...]
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.
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[...]
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.
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Commentary
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