grouping the sheriff and the jailer together for the purpose of determining whether the two are subject to public official immunity
How later courts described this case
- grouping the sheriff and the jailer together for the purpose of determining whether the two are subject to public official immunity
- "By expressly providing for this cause of action, the General Assembly has abrogated common law immunity where a public official causes injury through `neglect, misconduct, or misbehavior' in the performance of his official duties or under color of his office."
- “A public official is immune from personal liability for “mere negligence in the performance of his duties, but he is not shielded from liability if his alleged actions were corrupt or malicious or if he acted outside and beyond the scope of his duties.”
- applying public official immunity to a sheriff and a chief jailer
Written by the judges who cited it.
The opinion
Judge GREENE
concurring.
I write separately to emphasize that, except to the extent that defendant Vernon has furnished a bond pursuant to N.C.G.S. § 162-8 (1987), and except to the extent that defendant’s conduct violates the provisions of the bond, defendants have full immunity from plaintiffs’ claim. See State ex rel. Williams v. Adams, 288 N.C. 501 , 219 S.E.2d 198 (1975) (N.C.G.S. § 58-76-5 held to enlarge *430 conditions of bond furnished under N.C.G.S. § 162-8 to include liability for wrongful death of prisoner). Furthermore, because we are treating this action as one on the sheriffs bond, unless the surety on the bond is joined as a party within a reasonable time after remand, the action must be dismissed. J & B Slurry Seal Co. v. Mid-South Aviation, Inc., 88 N.C. App. 1, 17 , 362 S.E.2d 812, 822 (1987).