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Harwood v. Johnson12/20/1988
Plaintiff's sole assignment of error is that the trial court erred in granting defendants' motion to dismiss. For the reasons stated below, we affirm in part and reverse in part.
The trial court's order did not state the basis on which it granted defendants' motion to dismiss. The parties in their briefs have treated the issue as whether plaintiff's complaint states a claim upon which relief can be granted. For the purpose of passing upon a motion to dismiss for failure to state a claim upon which relief can be granted, G.S. 1A-1, Rule 12(b)(6), the factual allegations of the complaint are deemed admitted. Sutton v. Duke, 277 N.C. 94, 176 S.E.2d 161 (1970). Where it appears to a certainty that the plaintiff is entitled to no relief under any state of facts which could be proved in support of the claim, dismissal for failure to state a claim upon which relief can be granted is proper. Alamance County v. N.C. Dept. of Human Resources, 58 N.C. App. 748, 750, 294 S.E.2d 377, 378 (1982).
Plaintiff has alleged both a federal claim for relief and state claims for relief. We will discuss those claims separately.
I
State Law Claims (Negligence and False Imprisonment)
Plaintiff has alleged he was damaged by the defendants' negligence and that he was falsely imprisoned. These are both grounded in our state's common law. Defendants claim the plaintiff is entitled to no relief from them in this action because they
are immune from suit, both in their official capacities and individually.
The doctrine of sovereign immunity -- that the State cannot be sued in its own courts, or in any other, without its consent -- is firmly established in the common law of North Carolina. Orange County v. Heath, 282 N.C. 292, 192 S.E.2d 308 (1972); Steelman v. City of New Bern, 279 N.C. 589, 184 S.E.2d 239 (1971); Pharr v. Garibaldi, 252 N.C. 803, 115 S.E.2d 18 (1960); Schloss v. Highway Commission, 230 N.C. 489, 53 S.E.2d 517 (1949). Our Supreme Court has also established that when an action is brought against individual state officers or employees in their official capacities, the action is one against the State for the purposes of applying the doctrine of sovereign immunity. Insurance Co. v. Unemployment Compensation Comm., 217 N.C. 495, 8 S.E.2d 619 (1940). We hold here that there can be no monetary award against any named defendants in his or her official capacity, because the award would in essence be against the State and the State has not consented to suit in this forum. Truesdale v. University of North Carolina, 91 N.C. App. 186, 371 S.E.2d 503 (1988). See generally Watson v. N.C. Dept. of Correction, 47 N.C. App. 718, 268 S.E.2d 546 (1980) (action brought in Industrial Commission under Tort Claims Act by inmates' executors against department for negligence of its employees); Ivey v. N.C. Prison Dept., 252 N.C. 615, 114 S.E.2d 812 (1960) (wrongful death action brought in Industrial Commission under Tort Claims Act for death of inmate caused by prison employee's negligence). Therefore, dismissal of plaintiff's state law claims for monetary damages against all defendants in their official capacities was correct and we affirm that part of the trial court's order.
Defendants other than Superintendent Bame are also sued individually. Our co
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