White v. Trew, 366 NC 360
736 S.E.2d 166
N.C.2013Background
- White, a tenured associate professor at NC State, sued Trew for libel arising from an annual performance review for 2006-07.
- NC State regulation required the department head to review faculty and prepare a written summary; the summary becomes part of the personnel file and is open to review.
- Trew, as department head, authored the annual review alleging disruptive behavior and shared it with the Dean and in-house counsel.
- White filed a grievance under NC statutes; while that process was on hold, White filed suit in Wake County alleging false and malicious statements.
- The trial court denied dismissal; the Court of Appeals affirmed, holding sovereign immunity did not bar the claim; the Supreme Court granted discretionary review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether lack of capacity designation triggers sovereign-immunity analysis | White argues Mullis compelled clarity. | Trew argues Mullis requires presumption of official-capacity when not specified. | Yes; absence of capacity triggers presumption of official capacity. |
Key Cases Cited
- Mullis v. Sechrest, 347 N.C. 548 (1998) (mandates clarity on capacity; if unclear, presume official capacity)
- Meyer v. Walls, 347 N.C. 97 (1997) (de novo review of sovereign-immunity issues; public official with discretion)
- Harwood v. Johnson, 326 N.C. 231 (1990) (sovereign immunity for public officials; official-capacity suits barred)
- Dobson v. Harris, 352 N.C. 77 (2000) (intentional torts; state immunity considerations in defamation)
- Warren v. Guilford Cnty., 129 N.C. App. 836 (1998) (capacity pleading guidance in absence of clarity)