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McCoy v. Coker11/1/2005
ersonally liable for any actions which may have been corrupt, malicious or perpetratedoutside and beyond the scope of official duties." To sustain the personal or individual capacity suit, the plaintiff must initially make a prima facie showing that the defendant-official's tortious conduct falls within one of the immunity exceptions, i.e., that the official's conduct is malicious, corrupt, or outside the scope of official authority.
Trantham v. Lane, 127 N.C. App. 304, 306-07, 488 S.E.2d 625, 627 (1997)(internal citations omitted. Plaintiff's complaint does not allege that defendant Wade's conduct was malicious or corrupt. Paragraph 28 of plaintiff's complaint states: "Wade was performing acts for the County within the course and scope of employment at all times material to this action." We therefore hold that plaintiff's complaint fails to state a claim against defendant Wade in his individual capacity for which relief may be granted. The trial court erred in failing to dismiss the claim against defendant Wade in his individual capacity pursuant to Rule 12(b)(6), and thus we reverse the order denying defendant Wade's motion to dismiss this claim, and remand to the trial court for entry of an order granting this motion.
AFFIRMED IN PART, REVERSED AND REMANDED IN PART.
Judges TIMMONS-GOODSON and McCULLOUGH concur.
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