We are excited to welcome Rebecca (Becca) Fisher-Gabbard to the faculty of the UNC School of Government. She joins the Law & Finance Division where she will focus on local government authority and liability. Becca will work closely with municipal … Read more
Elected officials, law enforcement officers, tax collectors, zoning inspectors and other public officials sometimes face lawsuits over decisions they have made or actions they have taken. To prevent the fear of lawsuits from unduly influencing the judgment of public officials, … Read more
In lawsuits against units of local government, the general rule is that the trial court must throw out the plaintiff’s claims if the unit raises the defense of governmental immunity and the complaint fails to allege a waiver of that … Read more
When a city, county, or other unit of local government is sued for negligence or other torts, it’s common practice for the unit’s attorney to file a motion asking the trial court to dismiss the lawsuit based on the defense … Read more
The doctrine of governmental immunity shields cities and counties from financial liability for tort claims arising from the performance of governmental functions. (A “tort” is wrongful conduct, such as negligence or assault, for which a victim may be able to … Read more
As I have previously explained here and here, governmental immunity bars tort claims (negligence, assault, trespass, etc.) against cities and counties for personal injuries or property damage caused by the carelessness or intentional wrongdoing of their personnel in the performance … Read more
Like other local governments, the Town of Hapless has adopted a minimum housing code pursuant to G.S. 160A-443 (for more on minimum housing codes, see Tyler Mulligan’s book here). In March of this year the town’s inspection department received numerous … Read more
Local governments often find themselves being sued over injuries allegedly caused by their officials or employees. Such lawsuits sometimes include both tort claims and state constitutional claims premised on the same set of facts. For example, a plaintiff who believes … Read more