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Hill v. Medford

Supreme Court of North Carolina
Dec 1, 2003
357 N.C. 650 (N.C. 2003)

Summary

adopting dissent in 158 N.C.App. 618, 582 S.E.2d 325, which stated, “As a public official, if sued in his or her official capacity, a sheriff is protected against tort actions by governmental immunity unless the sheriff purchases a bond pursuant to G.S. § 58–76–5, and then, can only be liable on tort claims to the extent of the amount of that bond”

Summary of this case from Simmons v. Corizon Health, Inc.

Opinion

No. 389A03

Filed 5 December 2003

Employer and Employee — termination of deputy sheriff — at-will employee — public policy violation — breach of contract

The decision of the Court of Appeals in this case is reversed for the reason stated in the dissenting opinion that an at-will employee (a deputy sheriff) who alleges wrongful discharge by his employer (the sheriff) for reasons that violate public policy does not have a claim for breach of contract against the employer on that basis. The deputy sheriff may only maintain a tort claim against the sheriff limited to the amount of the sheriff's bond.

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 158 N.C. App. ___, 582 S.E.2d 325 (2003), affirming an order entered 8 May 2002 by Judge James Baker, Jr., in Superior Court, Buncombe County. Heard in the Supreme Court 18 November 2003.

Long, Parker, Warren Jones, P.A., by Robert B. Long, Jr., and W. Scott Jones, for defendant-appellants. Carter Kropelnicki, P.A., by Steven Kropelnicki, Jr., for plaintiff-appellee. Womble Carlyle Sandridge Rice, P.L.L.C., by Mark A. Davis, for amicus curiae North Carolina Association of County Commissioners.


For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed.

REVERSED.


Summaries of

Hill v. Medford

Supreme Court of North Carolina
Dec 1, 2003
357 N.C. 650 (N.C. 2003)

adopting dissent in 158 N.C.App. 618, 582 S.E.2d 325, which stated, “As a public official, if sued in his or her official capacity, a sheriff is protected against tort actions by governmental immunity unless the sheriff purchases a bond pursuant to G.S. § 58–76–5, and then, can only be liable on tort claims to the extent of the amount of that bond”

Summary of this case from Simmons v. Corizon Health, Inc.

adopting J. Martin's dissent in 158 N.C. App. 618, 582 S.E.2d 325, which stated: "As a public official, if sued in his or her official capacity, a sheriff is protected against tort actions by governmental immunity unless the sheriff purchases a bond pursuant to G.S. § 58-76-5, and then, can only be liable on tort claims to the extent of the amount of that bond"

Summary of this case from Jones v. Houston
Case details for

Hill v. Medford

Case Details

Full title:THOMAS WILLIAM HILL v. BOBBY MEDFORD, Individually and as Sheriff of…

Court:Supreme Court of North Carolina

Date published: Dec 1, 2003

Citations

357 N.C. 650 (N.C. 2003)
588 S.E.2d 467

Citing Cases

Wynn v. Frederick

Immunity is only waived in tort cases and to the extent of the amount of the bond. Hill v. Medford , 158 N.C.…

White v. White

.Medford, 158 N.C.App. 618, 623, (Martin, J., dissenting) revd, 357 N.C. 650 (2003) (adopting dissent).…