863 S.E.2d 790
N.C. Ct. App.2021Background
- On 16–17 December 2016 Dr. Austin Hall (ACT team) prepared and the Orange County magistrate Rex Frederick issued an involuntary-commitment custody order for Robert Morris, who was off medication and had a history of severe mental illness and violence.
- Frederick faxed the Custody Order to UNC Hospitals instead of the Orange County Sheriff’s Office, so the order was not served at Morris’s home on 16 December and service was delayed on 17 December.
- At about 11:00 a.m. on 17 December, while the Sheriff’s Office was en route, Morris shot an arrow with a crossbow into Paul Wynn’s neck in the home, paralyzing Wynn.
- Wynn sued Magistrate Frederick in his official capacity and joined Frederick’s surety, Great American Insurance Company, under the magistrate’s official bond (seeking damages up to the bond amount). Frederick moved to dismiss asserting sovereign immunity and judicial immunity.
- The trial court denied the motions to dismiss; on interlocutory appeal the Court of Appeals treated the denial as a Rule 12(b)(6) ruling and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sovereign immunity is waived by N.C. Gen. Stat. § 58‑76‑5 (claims on officers’ bonds) for magistrates | Wynn: magistrates are “other officers” covered by § 58‑76‑5 so suing the magistrate and the surety invokes the statutory waiver | Frederick: “other officers” does not include magistrates; statute’s examples are county officers only, so no plain, unmistakable waiver | Magistrates fall within “other officers” under § 58‑76‑5; sovereign immunity waived and dismissal inappropriate |
| Whether judicial immunity bars Wynn’s official‑capacity suit | Wynn: sued Frederick only in official capacity; judicial immunity (an individual defense) does not defeat an official‑capacity claim | Frederick: as a judicial officer he is entitled to absolute judicial immunity for acts performed in a judicial role | Judicial immunity is an individual‑capacity defense and does not apply to an official‑capacity suit; dismissal on that ground denied |
Key Cases Cited
- Veazey v. Durham, 231 N.C. 357 (1950) (interlocutory appeals generally not allowed absent a substantial right)
- Can Am S., LLC v. State, 234 N.C. App. 119 (2014) (distinguishing appealability of 12(b)(1) denials on sovereign immunity)
- Green v. Kearney, 203 N.C. App. 260 (2010) (denial of 12(b)(6) on sovereign immunity affects a substantial right and is appealable)
- Royal Oak Concerned Citizens Ass’n v. Brunswick Cnty., 233 N.C. App. 145 (2014) (judicial immunity issues reviewable on interlocutory appeal)
- Paquette v. Cnty. of Durham, 155 N.C. App. 415 (2002) (describing sovereign immunity for public officials in official capacities)
- Messick v. Catawba Cnty., 110 N.C. App. 707 (1993) (joining the surety removes the officer from sovereign immunity where statute mandates a bond)
- Wood v. N.C. State Univ., 147 N.C. App. 336 (2001) (plain‑and‑unmistakable waiver requirement for abrogating sovereign immunity)
- Elec. Supply Co. v. Swain Elec. Co., 328 N.C. 651 (1991) (statutory interpretation principles; harmonize plain language with purpose)
- Price v. Calder, 240 N.C. App. 190 (2015) (judicial immunity applies to individuals acting in judicial capacity)
- Foust v. Hughes, 21 N.C. App. 268 (1974) (recognizing magistrates as judicial officers entitled to judicial immunity)