Issue

Public official—not available to an employee of a government agency—position not created by statute—no exercise of sovereign power

Summary

In a tort action brought by a surgeon (plaintiff) against his former supervisor (defendant), who held several positions at the UNC Burn Center (part of UNC Hospitals)–alleging, among other claims, tortious interference with contract and slander per se in the form of false accusations of inappropriate and unprofessional behavior and sexual misconduct by plaintiff at his going-away party–the Court of Appeals erred in affirming the trial court's order granting summary judgment in favor of defendant on the ground of public official immunity. Public official immunity did not extend to defendant because his positions (1) as division chief did not arise under the constitution, by statute, or through the delegated authority of the State, and the conduct at issue did not involve the discretionary exercise of sovereign power; and (2) as medical director did not involve the discretionary exercise of sovereign power.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →