White v. Williams

ARNOLD, Chief Judge.

The sole issue here is was plaintiff’s complaint legally sufficient to state a cause of action against seven state employees in their individual capacities. We hold that it was not and affirm the trial court’s order.

*881The test on a Rule 12(b)(6) motion is whether or not the complaint is legally sufficient. Tennessee v. Environmental Management Comm’n, 78 N.C. App. 763, 765, 338 S.E.2d 781, 782 (1986). In ruling upon the motion, the trial court must view the allegations of the complaint as admitted and on that basis must determine as a matter of law whether or not the…