Snyder v. Learning Services Corp.

WYNN, Judge.

In general, statutory immunity is “available to [a defendant] if he satisfies all of the [statutory] requirements.” 1 Here, the defendants claim qualified immunity under North Carolina General Statutes § 122C-210.1, which is available for one “who follows accepted professional judgment, practice, and standards.” 2 Because we find that a question of fact remains as to whether the defendants followed accepted professional judgment, practices, and standards, we conclude that they are not entitled to qualified immunity as a matter of law.

Sometime after dark on 31 January 2004, Timothy…