rule of sovereign immunity in North Carolina

9 North Carolina opinions name it 1 courts 1977–2015 0 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

Case	Followed	Cited
Vaughn v. County of Durhamgreen ncctapp · 1977 · cited in 1 North Carolina opinions naming this issue, 1979–1979 2 sentences 1979But, it is equally well settled that, “[w]hen the activity of a governmental entity is clearly governmental in nature, and not proprietary, the rule of sovereign immunity will protect the government from suit.” Vaughn v. County of Durham, 34 N.C. 1979App. 416, 418 , 240 S.E. 2d 456, 458 (1977), cert. denied, 294 N.C. 188 , 241 S.E. 2d 522 (1978).	1	1
Moffitt v. . Ashevillegreen nc · 1889 · cited in 1 North Carolina opinions naming this issue, 1977–1977 2 sentences 1977As stated in Moffitt v. Asheville: “. . . where a city or town in exercising the judicial, discretionary or legislative authority, conferred by its charter, or is discharging a duty, imposed solely for the benefit of the public, it incurs no liability for the negligence of its officers. . . .” Moffitt v. Asheville, 103 N.C. 237 , 254, 9 S.E. 695, 697 (1885). 1977As stated in Moffitt v. Asheville: “. . . where a city or town in exercising the judicial, discretionary or legislative authority, conferred by its charter, or is discharging a duty, imposed solely for the benefit of the public, it incurs no liability for the negligence of its officers. . . .” Moffitt v. Asheville, 103 N.C. 237 , 254, 9 S.E. 695, 697 (1885).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (9)

Case	Cited	Years
Piedmont Triad Reg'l Water Auth. v. Unger neutral nc · 2003 2 sentences 2015"The rule of sovereign immunity applies when the governmental entity is being sued for the performance of a governmental, rather than proprietary, function." Id. 2004“The rule of sovereign immunity applies when the governmental entity is being sued *56 for the performance of a governmental, rather than proprietary, function.” Id.	3	2004–2015
Paquette v. County of Durham green ncctapp · 2002 2 sentences 2004The rule of sovereign immunity applies when the governmental entity is being sued for the performance of a governmental, rather than proprietary, function." Paquette v. County of Durham, 155 N.C. 2003“The rule of sovereign immunity applies when the governmental entity is being sued for the performance of a governmental, rather than proprietary, function.” Id.	3	2003–2004
Britt v. City of Wilmington green nc · 1952 2 sentences 2015"Any activity of [a town] which is discretionary, political, legislative, or public in nature and performed for the public good in behalf of the State rather than for itself comes within the class of governmental functions." Britt v. City of Wilmington, 236 N.C. 446 , 450, 73 S.E.2d 289 , 293 (1952). 2015"Any activity of [a town] which is discretionary, political, legislative, or public in nature and performed for the public good in behalf of the State rather than for itself comes within the class of governmental functions." Britt v. City of Wilmington, 236 N.C. 446 , 450, 73 S.E.2d 289 , 293 (1952).	1	2015–2015
Dalenko v. Wake County Department of Human Services green ncctapp · 2003 1 sentence 2014Dep’t of Human Servs., 157 N.C.	1	2014–2014
Messick v. Catawba County, NC green ncctapp · 1993 1 sentence 2004App. 415 , 418, 573 S.E.2d 715 , 717 (2002), disc. rev. denied, 357 N.C. 165 , 580 S.E.2d 695 (2003) (citing Messick v. Catawba County, N.C., 110 N.C.	1	2004–2004
McDuffie v. Mitchell neutral nc · 2003 1 sentence 2004App. 415 , 418, 573 S.E.2d 715 , 717 (2002), disc. rev. denied, 357 N.C. 165 , 580 S.E.2d 695 (2003) (citing Messick v. Catawba County, N.C., 110 N.C.	1	2004–2004
Messick v. CATAWBA COUNTY NORTH CAROLINA green nc · 1993 1 sentence 2002Id.	1	2002–2002
State v. Wilson neutral nc · 1977 1 sentence 1979App. 416, 418 , 240 S.E. 2d 456, 458 (1977), cert. denied, 294 N.C. 188 , 241 S.E. 2d 522 (1978).	1	1979–1979
Vaughn v. County of Durham neutral nc · 1978 1 sentence 1979App. 416, 418 , 240 S.E. 2d 456, 458 (1977), cert. denied, 294 N.C. 188 , 241 S.E. 2d 522 (1978).	1	1979–1979

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 1A-1 (6) NC § N.C. Gen. Stat. § 153A-435 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TN 13 (1984–2022) NC 9 (1977–2015) CA 7 (1958–1962) TX 5 (1984–2025) AZ 4 (1963–2001) IL 4 (1961–2008) PA 4 (1975–1994) MO 3 (1972–2022) AL 3 (2001–2023) ND 2 (1982–1983) WI 2 (1964–1995) LA 2 (1961–2008) ID 2 (1970–1977) VA 2 (1993–2002)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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