Autry v. N.C.D.O.C.

This matter originally came on for determination by Commissioner Ballance upon defendant's Motion to Dismiss the claim. The Deputy Commissioner, upon review of plaintiff's affidavit, found and concluded that plaintiff's affidavit does not allege ordinary negligence by defendant or defendant's agents or employees. Further, Commissioner Ballance found and concluded that it appeared to her that plaintiff's complaint alleges intentional or criminal conduct which is not actionable under the Tort Claims Act.

Based upon those findings, Commissioner Ballance ordered that plaintiff's claim be dismissed…