¶1dissenting.
¶2Plaintiff has brought an action against the State. Any waiver of the State’s immunity from suit must be by “plain, unmistakable mandate” of the Legislature and cannot be by implication or construction. Orange County v. Heath, 282 N.C. 292, 296, 192 S.E. 2d 308, 310; State ex rel. State Bd. of Public Affairs v. Principal Funding Corp., 519 P. 2d 503 (Okla. 1974). There being no clear waiver of immunity in the statute authorizing his employment, it follows that plaintiff cannot maintain this action. The order of the trial court denying defendant’s motion to dismiss should be reversed.