McFadyen v. Freeman

TIMMONS-GOODSON, Judge.

Defendant Franklin Freeman, in his official capacity as Secretary of the North Carolina Department of Correction, and defendant North Carolina Department of Correction (“DOC”) appeal from an order denying their motion to dismiss plaintiffs’ complaint pursuant to Rules 12(b)(1), (2), and (6) of the North Carolina Rules of Civil Procedure and allowing plaintiffs’ motion for leave to amend their complaint. For the reasons stated herein, we affirm the order of the trial court.

Plaintiffs, who served as principals and assistant principals of DOC, filed suit alleging that…