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220 N.C. App. 274

727 S.E.2d 343

Beeson v. Palombo

Court of Appeals of North Carolina · decided 2012-05-01

Cited by 10 later decisions — most recently March 2019

9 state decisions

Relies on 122 N.C. App. 198 - Epps v. Duke University, Inc. · 141 N.C. App. 436 - Schlossberg v. Goins · 168 N.C. App. 452 - Smith v. Jackson County Board of Education

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Decided 2012-05-01

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STEELMAN, Judge,

¶1concurring in the result.

¶2I concur in the result of this case. The exceptions to official immunity have gradually expanded over the years. Epps v. Duke Univ., 122 N.C. App. 198, 204, 468 S.E.2d 846, 851 (1996). This Court has explicitly recognized five: “A public officer ... ‘is shielded from liability unless he engaged in discretionary actions which were *286allegedly: (1) corrupt; (2) malicious; (3) outside of and beyond the scope of his duties; (4) in bad faith; or (5) willful and deliberate.’ ” Smith v. Jackson Cnty. Bd. of Educ., 168 N.C. App. 452, 468, 608 S.E.2d 399, 411 (2005) (quoting Reid v. Roberts, 112 N.C. App. 222, 224, 435 S.E.2d 116, 199 (1993)). I am not persuaded that the lack of probable cause to issue an arrest warrant, standing alone, is sufficient to negate immunity. Cf Schlossberg v. Goins, 141 N.C. App. 436, 446, 540 S.E.2d 49, 56 (2000) (stating that a plaintiff cannot defeat public official immunity by alleging “reckless indifference”). I would affirm on this basis.

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