Smith v. State

SHARP, Chief Justice. 1

This is the second time this case has come before this Court for review. Smith v. State, 289 N.C. 303, 222 S.E. 2d 412 (1976). Plaintiff’s original complaint was filed 24 July 1973 in Burke County Superior Court. Defendants moved to dismiss the action pursuant to G.S. 1A-1, Rule 12(b) on the grounds that sovereign immunity barred the suit against the State and also against the individual defendants acting in their official capacities. The trial judge denied the motion and defendants appealed. We held that the doctrine of sovereign immunity was not a bar to an action…