Davis v. Town of Southern Pines

EAGLES, Judge.

Defendants appeal the trial court’s denial of their motion for summary judgment. After careful review of the record and briefs, we affirm in part and reverse in part.

We note initially that the denial of a motion for summary judgment is ordinarily not immediately appealable. Hill v. Smith, 38 N.C. App. 625, 626, 248 S.E.2d 455, 456 (1978) (citations omitted). Here, defendants asserted the defenses of absolute and qualified immunity to plaintiff’s 42 U.S.C. § 1983 claim and plaintiff’s remaining claims. The denial of a summary judgment motion on the grounds of absolute and…