Swain v. Elfland, 539P01.

Decision Date04 October 2001
Docket NumberNo. 539P01.,539P01.
Citation554 S.E.2d 832,354 N.C. 228
CourtNorth Carolina Supreme Court
PartiesEdwin SWAIN v. Carolyn ELFLAND, individually and in her official capacity as an Assistant Vice Chancellor for Auxiliary Services of the University of North Carolina at Chapel Hill, Jeffrey McCracken, individually and in his official capacity as Major in the Police Department of the University of North Carolina at Chapel Hill, Drake Maynard, individually and in his official capacity as Human Resources Administrator for the University of North Carolina at Chapel Hill, and Other Unknown University Officials, and the University of North Carolina at Chapel Hill.

Alan McSurley, for Edwin Swain.

Ann Reid, Senior Deputy Attorney General, for Carolyn Elfland, et al.

Prior report: ___ N.C.App. ___, 550 S.E.2d 530.

ORDER

Upon consideration of the petition filed by Plaintiff in this matter for a writ of certiorari to review the decision of the North Carolina Court of Appeals, 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 4th day of October 2001."

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16 cases
  • Brown v. Miller
    • United States
    • North Carolina Court of Appeals
    • June 7, 2011
    ...359 N.C. at 797, 618 S.E.2d at 212 (quoting Swain v. Elfland, 145 N.C.App. 383, 389, 550 S.E.2d 530, 535, cert. denied, 354 N.C. 228, 554 S.E.2d 832 (2001)), rather than being required to exhaust the administrative remedy made available by N.C.G.S. § 126–34.1(a)(11)a. See also Johnson v. N.......
  • Newberne v. Dept. of Crime Control
    • United States
    • North Carolina Supreme Court
    • August 19, 2005
    ... ... noted, "[t]wo statutes provide avenues to redress violations of the Whistleblower statute." Swain v. Elfland, 145 N.C.App. 383, 389, 550 S.E.2d 530, 535, cert. denied, 354 N.C. 228, 554 S.E.2d ... ...
  • Affordable Care v. STATE BD. OF DENTAL EX.
    • United States
    • North Carolina Court of Appeals
    • November 5, 2002
    ...allegation in the complaint.'" Swain v. Elfland, 145 N.C.App. 383, 390, 550 S.E.2d 530, 535 (citation omitted), cert. denied, 354 N.C. 228, 554 S.E.2d 832 (2001); see also Bryant v. Hogarth, 127 N.C.App. 79, 86, 488 S.E.2d 269, 273 ("[w]hile exhaustion of administrative remedies prior to se......
  • Wells v. North Carolina Dept. of Correction
    • United States
    • North Carolina Court of Appeals
    • August 20, 2002
    ...an aggrieved party to seek relief. See generally Swain v. Elfland, 145 N.C.App. 383, 389, 550 S.E.2d 530, 535, cert. denied, 354 N.C. 228, 554 S.E.2d 832 (2001)(holding N.C. Gen.Stat. § 136-34.1(a)(7) and the Whistleblower Act provide "two avenues to redress violations of the Whistleblower ......
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