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.