North Carolina Industrial Commission, 1995

Smith v. Pitt County Sheriff's Department

Smith v. Pitt County Sheriff's Department
North Carolina Industrial Commission · Decided May 4, 1995 · ORDER FOR THE FULL COMMISSION BY THOMAS J. BOLCH COMMISSIONER

Counsel

APPEARANCES Plaintiff: Pro se . Defendant: The Honorable Michael F. Easley, Attorney General of the State of North Carolina, Raleigh, North Carolina; Don Wright, Assistant Attorney General, Counsel of Record. * * * * * * * * * * *

Smith v. Pitt County Sheriff's Department

Opinion of the Court

On 30 March 1994 Commissioner J. Randolph Ward issued an Order dismissing plaintiff's claim pursuant to G.S. § 143-31 for failing to state a claim upon which relief can be granted. As Commissioner Ward stated in his Order, the Industrial Commission does not have jurisdiction over sheriffs or their employees under the North Carolina Tort Claims Act and suits against them must be brought in the general courts of justice. Hull v. Oldham,104 N.C. App. 29, 407 S.E.2d 611 (1991).

The undersigned therefore AFFIRM and ADOPT the Order by Commissioner Ward which DISMISSED plaintiff's claim.

No further costs are assessed at this time.

S/ _________________________________ THOMAS J. BOLCH COMMISSIONER

CONCURRING:

S/ __________________________________ BERNADINE S. BALLANCE COMMISSIONER

S/ ___________________________________ COY M. VANCE COMMISSIONER

Case-law data current through December 31, 2025. Source: CourtListener bulk data.