Christmas v. Cabarrus County

Decision Date17 June 2009
Docket NumberNo. 442P08.,442P08.
Citation678 S.E.2d 234
PartiesKeith CHRISTMAS, as Executor and Personal Representative for the Estate of Alexandr Raymond Johnson-Christmas v. CABARRUS COUNTY; Cabarrus County Department of Social Services; James F. Cook, Jr., individually and in his official capacity as Director of the Cabarrus County Department of Social Services; Connie Polk, individually and in her official capacity as Supervisor/Program Administrator of Cabarrus County Department of Social Services; Hope Moose, individually and in her official capacity as Supervisor of Cabarrus County Department of Social Services; Angela Beamer Ratliff, individually and in her official capacity as Supervisor of Cabarrus County Department of Social Services; Jane Doe and John Doe, individually and in their official capacities as Supervisors/Program Administrators of the Cabarrus County Department of Social Services; Crystalle Williams, individually and in her official capacity as Social Worker for the Cabarrus County Department of Social Services; Tonya Hart, individually and in her official capacity as Social Worker for the Cabarrus County Department of Social Services; Robin Fox, individually and in her official capacity as Social Worker for the Cabarrus County Department of Social Services; Christy Belk, individually and in her official capacity as Social Worker for the Cabarrus County Department of Social Services; Caroline Leavelle, individually and in her official capacity as Social Worker for the Cabarrus County Department of Social Services; Donna Doe and David Doe, individually and in their official capacities as Social Workers for the Cabarrus County Department of Social Services.
CourtNorth Carolina Supreme Court
ORDER

Upon consideration of the petition filed on the 18th of September 2008 by Defendants (Cabarrus Co., Cabarrus Co. DSS, Cook, Polk, Moose, Ratliff, Williams, Hart, Fox and Belk) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

Denied by order of the Court in conference, this the 17th of June 2009.

MARTIN, J., recused.

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12 cases
  • Sansotta v. Town of Nags Head
    • United States
    • U.S. District Court — Eastern District of North Carolina
    • November 6, 2014
    ...S.E.2d 747, 749–50 (1998) ; Braswell v. Braswell, 330 N.C. 363, 370–71, 410 S.E.2d 897, 901 (1991) ; Christmas v. Cabarrus Cnty., 192 N.C.App. 227, 232–33, 664 S.E.2d 649, 652–53 (2008), disc. rev. denied 363 N.C. 372, 678 S.E.2d 234, 235 (2009). Moreover, the record demonstrates that the t......
  • Jane Doe v. Charlotte–Mecklenburg Bd. of Educ.
    • United States
    • North Carolina Court of Appeals
    • August 21, 2012
    ...were “ ‘the case to be erroneously permitted to proceed to trial, immunity would be effectively lost.’ ” Christmas v. Cabarrus Cty., 192 N.C.App. 227, 231, 664 S.E.2d 649, 652 (2008) (quoting Slade v. Vernon, 110 N.C.App. 422, 425, 429 S.E.2d 744, 746 (1993), implicit overruling on other gr......
  • Town of Nags Head v. Toloczko
    • United States
    • U.S. District Court — Eastern District of North Carolina
    • August 18, 2014
    ...S.E.2d 897, 901 (1991); Britt v. City of Wilmington, 236N.C. 446, 450-51, 73 S.E.2d 289, 293 (1952); Christmas v. Cabarrus Cnty., 192 N.C. App. 227, 232, 664 S.E.2d 649, 652-53 (2008), disc. rev. denied, 363 N.C. 372, 678 S.E.2d 234 (2009). Moreover, the record demonstrates that the two "na......
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    • September 29, 2017
    ...v. Braswell, 410 S.E.2d 897, 901 (N.C. 1991); Britt v. City of Wilmington, 73 S.E.2d 289, 293 (N.C. 1952); Christmas v. Cabarrus Cnty., 664 S.E.2d 649, 652-53 (N.C. Ct. App. 2008), disc. rev. denied, 678 S.E.2d 234 (N.C. 2009)). Despite the public duty doctrine, two narrow exceptions exist:......
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