218 N.C. App. 311
N.C. Ct. App.2012Background
- Plaintiffs filed two lawsuits in June 2010 against UVA, Adkins, Schatzman, Roach, Travelers/Hartford, and others for false arrest, false imprisonment, battery, malicious prosecution, conversion, conspiracy, and sheriffs’ bond recovery.
- UVA moved to dismiss based on sovereign immunity; other defendants answered or moved later; Hartford substituted for Travelers.
- Cases were consolidated; amended complaints substituted in December 2010.
- UVA’s sovereign-immunity dismissal was granted on 17 December 2010; remaining defendants moved for summary judgment based on probable cause.
- Plaintiffs sought a Rule 56(f) continuance to obtain discovery; the court denied the continuance and granted summary judgment in April 2011.
- Court held that UVA immunity barred claims against UVA, and that Roach, Adkins, Schatzman, and Hartford were entitled to summary judgment on probable cause grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sovereign immunity bar against UVA | UVA liable for violations of rights outside Virginia | Sovereign immunity applies; comity allows protection | UVA dismissal affirmed on sovereign-immunity grounds |
| Continuance for discovery prior to summary judgment | Discretionary denial harmed ability to prove facts | Discretion to deny continuance within proper scope | No abuse of discretion; denial affirmed |
| Probable cause as bar to claims against Roach, Adkins, Schatzman, Hartford | Defendants acted without probable cause | Probable cause existed; actions lawful | Summary judgment for Roach, Adkins, Schatzman, Hartford affirmed |
Key Cases Cited
- The Rector And Visitors v. Carter, 591 S.E.2d 76 (Va. 2004) (Virginia immunity; comity not duty to waive immunity)
- Nevada v. Hall, 440 U.S. 410 (U.S. 1979) (States may not be compelled to extend immunity in other states' courts)
- Alden v. Maine, 527 U.S. 706 (U.S. 1999) (Immunity between states by comity; not mandatory in other forums)
- Boudreau v. Baughman, 322 N.C. 331 (N.C. 1988) (Public policy exception to foreign law enforcement recognition)
- Welch Contract’ng, Inc. v. N.C. Dep’t. of Transp., 175 N.C. App. 45, 622 S.E.2d 691 (N.C. App. 2005) (Rule 12(b)(1) and Rule 12(b)(6) distinctions in immunity and jurisdiction)