Etheridge v. Graham, Comr. of Agriculture

BRITT, Judge.

It is not clear from the complaint whether plaintiffs are seeking to recover damages from James A. Graham individually, occupying the office of Commissioner of Agriculture, or whether plaintiffs are seeking to recover from the State, i.e., the office of the Commissioner of Agriculture occupied by James A. Graham.

Assuming plaintiffs are proceeding against James A. Graham individually, in North Carolina a public officer cannot be held liable for a breach of a ministerial statutory duty unless the statute expressly provides for liability. Langley v. Taylor, 245 N.C. 59, 95 S.E. 2d…