Wynn v. Frederick and Great American Insurance Company
JULY 20, 2021 | REPUBLISHED BY LIT: JAN 10, 2022
The definition of judicial immunity demonstrates the difference in application of judicial immunity from sovereign immunity.
Judicial immunity applies to individuals,
Price, 240 N.C. App. at 193, 770 S.E.2d at 754,
while sovereign immunity applies to “the state, its counties, and its public officials, in their official capacity.”
Paquette, 155 N.C. App. at 418, 573 S.E.2d at 717 (emphasis added).
These differences show that the doctrines of sovereign immunity and judicial immunity are not intended to be parallels applicable under the same circumstances.
Therefore, we conclude sovereign immunity applies when the government or a public official are sued in their official capacity while judicial immunity is an available defense for judicial officers sued as individuals.
Here, Plaintiff only sued Defendant in his official capacity.
Therefore, judicial immunity is not applicable in this cause of action.
The North Carolina Court of Appeals has recently addressed the availability of immunity doctrines to state Magistrates. In Wynn v. Frederick and Great American Insurance Company, the Court addressed issues relating to both sovereign immunity and judicial immunity.
The facts are not complicated.
The plaintiff rented a home to his sister and her son.
The son suffered from severe mental health issues and also had been diagnosed with substance abuse disorders. When the son was not taking his prescribed medications, he could be dangerous to himself and others.
On December 14, 2016, the son was off his medications and behaving erratically.
A doctor met with the mother and son two days later and determined that the son should be involuntarily committed. The doctor prepared and signed an Affidavit and Petition for Involuntary Commitment. The doctor then faxed it to the Orange County Magistrate’s Office, where it was received by the defendant Magistrate.
That same day, the defendant Magistrate issued a Findings and Custody Order for Involuntary Commitment, which he faxed to the appropriate hospital but not to the Orange County Sheriff’s Department.
The next day, the doctor who had prepared the Petition called the mother to see if the Sheriff’s office had picked up her son.
When he learned that the son was still at home, the doctor contacted the defendant Magistrate to check on the Custody Order. The defendant Magistrate responded that he had sent the Order to the hospital because that was where he believed the son to be.
When informed by the doctor that the son was with his mother, the defendant Magistrate asked the doctor to resend the documents to him so he could reissue the Custody Order.
While this was being done, the plaintiff drove to his sister’s house, unaware that the son was off his medications. When he arrived, the son shot the plaintiff in the neck with a crossbow, inflicting grave injuries.
The plaintiff sued the defendant Magistrate in his official capacity as a Magistrate, along with Great American Insurance Company, which had issued an official bond to the defendant Magistrate.
The defendant Magistrate moved to dismiss, claiming sovereign immunity and absolute judicial immunity among other defenses.
(This post will limit its discussion to the immunity issues.)
The trial court determined that the defendant Magistrate was not entitled to either sort of immunity and denied his motion to dismiss.
On appeal, the North Carolina Court of Appeals found no error (Judge Gore, with Judge Dietz; Judge Murphy concurring in the result only).
After addressing several preliminary issues, the Court turned to the question of sovereign immunity.
The Court began by noting that sovereign immunity ordinarily grants public officials acting in their official capacity absolute and unqualified immunity.
The Court then cited N.C.G.S. § 58-76-5, which provides that “[e]very person injured by the neglect, misconduct, or misbehavior in office of any register, surveyor, sheriff, coroner, county treasurer, or other officer, may institute a suit…upon their respective bonds…”
Although this statute waives sovereign immunity to the extent of the bond, the defendant Magistrate argued that it did not apply to him because the office of Magistrate was not explicitly included in the list of offices set out in the statute.
The defendant Magistrate pointed out that every named office in the statute was a county office and argued that the closing term of “other officer” was limited to other county officers.
The Court of Appeals was unpersuaded.
Observing that if the General Assembly had intended to limit the waiver to county officials, it could easily have said so, the Court concluded that the statute waived sovereign immunity as to Magistrates.
The Court then turned to the issue of judicial immunity.
It noted that judicial immunity extends to Magistrates but then pointed out that it applies to individuals, not to officials acting in their official capacities.
Because the defendant Magistrate was sued in his official capacity only, judicial immunity provided him no protection.
Absolute immunities can lead to harsh results when an injured individual is left wholly without recourse.
Waivers brought about by the purchase of insurance or the requirement of bonding allow an injured citizen some degree of recovery when the facts warrant while allowing an often-modestly-paid public official to tend to his or her duties without fear of personal liability.
So while this case may yet wind up in the Supreme Court, the result is not particularly surprising.
For now, though, it goes back to the superior court for further proceedings.
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About Judge Fred Gore
A local, homegrown leader, Judge Fred Gore exemplifies fairness and selfless service as a District Court Judge and as a Judge Advocate General (JAG) officer in the North Carolina National Guard. From his simple beginnings in Supply, North Carolina, to his multiple military deployments to the Middle East, Judge Gore’s character is a reflection of small town Christian values and his military expertise. During highly stressful conditions, these laudable qualities reflect the genuine nature of a man who values faith, integrity, and professionalism.
Fred grew up in Southeastern NC, and, after high school, joined the North Carolina National Guard as an infantry soldier. He completed basic training at Fort Benning, Georgia before beginning college at UNC Charlotte, where he graduated with a B.S.B.A. in marketing.
After graduation, Fred procured employment for several years and was able to use his marketing skills with notable companies, such as Nike and Summit Marketing. Upon continuing his education, he attended Appalachian School of Law in Grundy, Virginia, and graduated with his Juris Doctorate degree. As a well-rounded student, Fred completed over 300 hours of community service and was selected to the Who’s Who of American Law Students in 2003 and 2004.
After Fred completed law school, his National Guard unit was mobilized to Iraq from 2006 to 2007. In addition to serving as one of the Non-Commissioned Officers in Charge, he completed Sniper Small Kill Team training and earned the Army Commendation and Army Achievement Medals. After returning home to North Carolina, Fred moved to Durham, where he joined the Durham County District Attorney’s Office as an Assistant District Attorney. Later that same year, Fred became a commissioned JAG Officer in the North Carolina National Guard.
Fred decided to depart Durham for his home district of Brunswick, Bladen, and Columbus Counties in 2011, where he joined the District Attorney’s Office. Shortly after moving back to his childhood home in 2011, he was again mobilized to serve his country in Kuwait. He served as the Chief Prosecutor and Officer in Charge for his Brigade’s Legal Team and supervised two JAG attorneys and seven paralegals while deployed. Fred’s dedicated service during this deployment earned him the Army’s Meritorious Service Medal and the Commander’s Coin for Performance.
After returning home in 2012, he resumed his position with the District Attorney’s office. In 2014, while serving as a prosecutor, Fred filed and ran for the District Court Bench. In November of 2014, he was elected to serve Brunswick, Bladen and Columbus Counties as District Court Judge.
Fred, his wife Shannon, and twin sons calls Whiteville, NC home, where they enjoy the love of the outdoors. He is a member of Big Macedonia Baptist Church, on the Board of Trustees for the Boys & Girls Homes of NC, and also serves on the Executive Board of the Cape Fear Council of Boy Scouts of America. Along with all of Fred’s responsibilities and accomplishments, he has been able to complete specialized training in order to become a Certified Juvenile Court Judge. He is also continuing his 27 th year of service in the NC National Guard, the last 11 as a Major in the JAG Corp.
