Brunson v. Office of Magistrate For 12th Judicial District, 051920 NCCA, COA19-216

Docket Nº:COA19-216
Opinion Judge:BROOK, JUDGE.
Party Name:JONATHAN E. BRUNSON, Plaintiff, v. OFFICE OF THE MAGISTRATE FOR THE 12TH JUDICIAL DISTRICT, et al., Defendants.
Attorney:Jonathan E. Brunson, pro se. Attorney General Joshua H. Stein, by Assistant Attorney General Barry H. Bloch, for the State.
Judge Panel:Chief Judge McGEE and Judge MURPHY concur.
Case Date:May 19, 2020
Court:Court of Appeals of North Carolina
 
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JONATHAN E. BRUNSON, Plaintiff,

v.

OFFICE OF THE MAGISTRATE FOR THE 12TH JUDICIAL DISTRICT, et al., Defendants.

No. COA19-216

Court of Appeals of North Carolina

May 19, 2020

An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.

Heard in the Court of Appeals 14 April 2020.

Appeal by Plaintiff from order entered 21 December 2018 by the North Carolina Industrial Commission, No. TA-26049-51

Jonathan E. Brunson, pro se.

Attorney General Joshua H. Stein, by Assistant Attorney General Barry H. Bloch, for the State.

BROOK, JUDGE.

Jonathan E. Brunson ("Plaintiff") appeals from orders by the North Carolina Industrial Commission ("Industrial Commission") dismissing his claims for lack of subject matter jurisdiction. We affirm.

I. Background

Plaintiff is currently imprisoned for committing a sex offense. On 19 December 2016, he filed three Tort Claim Affidavits with the Industrial Commission, alleging that numerous Cumberland County and state governmental entities and employees had injured him through negligence. A motion to dismiss these claims for lack of subject matter jurisdiction was filed in the Industrial Commission on 13 January 2017.

The matter came on for a hearing before Special Deputy Commissioner Brian Liebman ("Deputy Commissioner Liebman") on 25 October 2017. On 16 November 2017, Deputy Commissioner Liebman entered an order dismissing Plaintiff's claims for lack of subject matter jurisdiction. Deputy Commissioner Liebman also denied Plaintiff's request for entry of default and a default judgment. Plaintiff timely appealed to the Full Commission, and the Full Commission concluded, on 21 December 2018, as Deputy Commissioner Liebman had, that it lacked subject matter jurisdiction over Plaintiff's claims.

Plaintiff entered timely written notice of appeal from the order of the Full Commission on 10 January 2019.

II. Analysis

Plaintiff raises a number of arguments on appeal related to the jurisdiction of the Industrial Commission to adjudicate claims against the Cumberland County Department of Social Services and numerous judicial and quasi-judicial officials employed by Cumberland County ("County Defendants") and alleged constitutional violations by various...

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