# Smith v. State

> Court of Appeals of North Carolina · November 6, 1974 · 23 N.C. App. 423

URL: https://www.frixlaw.com/law-library/cases/9565078

## Case

- **Full name:** C. Capers Smith v. State of North Carolina; James E. Holshouser, Governor; Joe K. Byrd, Chairman, State Board of Mental Health; Ralph Scott, Advisory Budget Commission; David T. Flaherty, Secretary of Human Resources; N. P. Zarzar, Commissioner, Mental Health; Trevor G. Williams, Superintendent, Broughton Hospital
- **Court:** Court of Appeals of North Carolina
- **Decided:** November 6, 1974
- **Citations:** 23 N.C. App. 423; 209 S.E.2d 336; 1974 N.C. App. LEXIS 2111
- **Precedential status:** Published
- **Opinion:** Dissent by Baley
- **Judges:** Parker, Brock, Baley
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9565078

## Opinion text

Judge Baley
dissenting.
Plaintiff 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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9565078. Public record. Not legal advice.