Parker v. Hyatt

HUNTER, Robert C., Judge.

Defendant Wildlife Officer appeals from a grant of summary judgment for plaintiff as to liability by claiming that he is entitled to qualified immunity, a complete bar to plaintiffs recovery. After careful review, we reverse and remand.

Background

On 3 November 2006, Brent Hyatt (“defendant”) was employed by the North Carolina Wildlife Resources Commission as a sworn Wildlife Officer. 1 That evening, defendant and fellow Wildlife Officer Andrew Helton (“Officer Helton”) were patrolling the area near N.C. Highway 28 (“N.C. 28”) for unauthorized night deer hunting as well…