James v. N.C. Department of Correction

North Carolina Industrial Commission

James v. N.C. Department of Correction

CourtNorth Carolina Industrial Commission

DecidedJune 22, 2006

DocketI.C. NO. TA-18753

StatusPublished

This text of James v. N.C. Department of Correction (James v. N.C. Department of Correction) is published on Counsel Stack Legal Research, covering North Carolina Industrial Commission primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

James v. N.C. Department of Correction, (N.C. Super. Ct. 2006).

Pincite

Opinion

* * * * * * * * * * * Based upon a review of the record, the Full Commission agrees with Commissioner Ballance that the plaintiff in his affidavit failed to show that the Industrial Commission has subject matter jurisdiction over his claims pursuant to N.C. Gen. Stat. §143-291(a). N.C. Gen. Stat. § 143-291(a) gives the Industrial Commission jurisdiction over individual claims that arise as a result of the negligence of any officer, employee, involuntary servant or agent of the State while acting within the scope of his office, employment, service, agency, or authority, under circumstances where the State of North Carolina, if a private person, would be liable.

Plaintiff, in his affidavit, alleges that he suffered injury as a result of the retaliatory actions of the Marion Correctional Institute. Under the Tort Claims Act, the Industrial Commission has jurisdiction to hear tort claims alleging negligence on the part of agencies of the State. Plaintiff's claim specifically alleges intentional conduct, not an act of negligence; therefore, the Industrial Commission lacks subject matter jurisdiction over plaintiff's claim.

Accordingly, the undersigned affirm the January 11, 2005 Order and plaintiff's claim is HEREBY DISMISSED.

This the __ day of June, 2006.

S/_______________ DIANNE C. SELLERS COMMISSIONER

CONCURRING:

S/_______________ CHRISTOPHER SCOTT COMMISSIONER

S/____________ BUCK LATTIMORE CHAIRMAN

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* * * * * * * * * * * Based upon a review of the record, the Full Commission agrees with Commissioner Ballance that the plaintiff in his affidavit failed to show that the Industrial Commission has subject matter jurisdiction over his claims pursuant to N.C. Gen. Stat. §143-291(a). N.C. Gen. Stat. § 143-291(a) gives the Industrial Commission jurisdiction over individual claims that arise as a result of the negligence of any officer, employee, involuntary servant or agent of the State while acting within the scope of his office, employment, service, agency, or authority, under circumstances where the State of North Carolina, if a private person, would be liable.