250 N.C. App. 31
N.C. Ct. App.2016Background
- Plaintiff Fullwood managed 20 units in a privately owned multi-unit building (Heritage House); police designated the area a crime priority due to numerous drug-related calls.
- On Jan. 31, 2014, Greensboro Police executed a large raid (≈65 officers) and searched unit 308 (managed by Fullwood), finding crack cocaine, paraphernalia, and cash; the unit was vacant and uninhabitable at the time.
- Captain Shon F. Barnes arrested Fullwood after consulting a magistrate who found probable cause; Fullwood was later prosecuted but charges were dismissed by the District Attorney.
- Fullwood sued Barnes in both his individual and official capacities for assault & battery, false arrest/false imprisonment, and malicious prosecution, seeking punitive damages.
- Barnes moved to dismiss and later for summary judgment asserting governmental immunity (for official-capacity claims) and public official immunity (for individual-capacity claims); the trial court denied summary judgment and Barnes appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the complaint overcomes governmental immunity for official-capacity claims | Fullwood did not plead waiver but argues the suit against Barnes should proceed | Barnes argues governmental immunity bars official-capacity tort claims absent an explicit waiver alleged in the complaint | Reversed: governmental immunity applies; Fullwood failed to plead waiver, so official-capacity claims dismissed |
| Whether public official immunity shields Barnes in his individual capacity | Fullwood contends Barnes acted with malice (contradictory affidavits, prior harassment, magistrate’s reluctance, DA dismissal) | Barnes asserts he lawfully exercised discretion, acted in good faith, and followed procedure | Affirmed in part: summary judgment properly denied as to individual-capacity claims because genuine issues of material fact about malice exist |
| Standard for overcoming public official immunity at summary judgment | Fullwood must present factual (not speculative) evidence to rebut presumption of good faith | Barnes must show good-faith exercise of discretionary duties to shift burden to Fullwood | Court applies de novo review: Fullwood’s affidavits create triable issues, so immunity does not bar his individual claims at this stage |
| Appealability of order denying summary judgment based on immunity defenses | Fullwood would argue interlocutory review not warranted | Barnes argues denial of immunity defenses affects substantial rights and is immediately appealable | Court finds interlocutory appeal proper for denial of governmental/public-official immunity defenses |
Key Cases Cited
- Draughon v. Harnett Cnty. Bd. of Educ., 158 N.C. App. 208 (N.C. Ct. App.) (summary judgment standard cited)
- Lowe v. Bradford, 305 N.C. 366 (N.C.) (burden-shifting and summary judgment framework)
- Strickland v. Hedrick, 194 N.C. App. 1 (N.C. Ct. App.) (requirements to rebut public-official-immunity at summary judgment)
- Smith v. State, 289 N.C. 303 (N.C.) (public official immunity definition and scope)
- Epps v. Duke Univ., Inc., 122 N.C. App. 198 (N.C. Ct. App.) (rationale for interlocutory appeals where absolute immunity implicated)
- Schlossberg v. Goins, 141 N.C. App. 436 (N.C. Ct. App.) (governmental immunity protects municipalities and officers sued in official capacity)
- Paquette v. Cnty. of Durham, 155 N.C. App. 415 (N.C. Ct. App.) (pleading requirement to allege waiver of governmental immunity)