Foust v. Hughes

PARKER, Judge.

PLAINTIFF’S APPEAL FROM THE ORDER ALLOWING DEFENDANT BOSWELL’S MOTION TO DISMISS UNDER RULE 12(b)(6)

Plaintiff alleged that defendant Boswell was at all times mentioned in the complaint “a magistrate of the District Court, duly appointed, qualified and acting as such.” A magistrate is an officer of the district court, G.S. 7A-170, and in issuing a warrant a magistrate performs a judicial act. State v. Matthews, 270 N.C. 35, 153 S.E. 2d 791. “A judge of a court of this State is not subject to civil action for errors committed in the discharge of his official duties.” Fuquay…