N.C. Gen. Stat. § 58-76-5

Liability and right of action on official bonds

Find cases: SyfertCases citing this section NCLEGncleg.gov (official) JustiaChapter 58 CornellLII Search CasesGoogle Scholar

Every person injured by the neglect, misconduct, or misbehavior in office of any register, surveyor, sheriff, coroner, county treasurer, or other officer, may institute a suit or suits against said officer or any of them and their sureties upon their respective bonds for the due performance of their duties in office in the name of the State, without any assignment thereof; and no such bond shall become void upon the first recovery, or if judgment is given for the defendant, but may be put in suit and prosecuted from time to time until the whole penalty is recovered; and every such officer and the sureties on the officer's official bond shall be liable to the person injured for all acts done by said officer by virtue or under color of that officer's office. (1793, c. 384, s. 1, P.R.; 1825, c. 9, P.R.; 1833, c. 17; R.C., c. 78, s. 1; 1869-70, c. 169, s. 10; Code, s. 1883; Rev., s. 281; C.S., s. 354; 1973, c. 108, s. 59; 1997-14, s. 2; 2010-96, s. 29.)

Notes of Decisions

Cited in 57 cases (22 in the last 5 years), 1991–2026 · leading case: Slade v. Vernon

Sort: Relevance Newest Treatment

Slade v. Vernon (1993) ncctapp · cites it 18× “2d 198 (1975) (N.C.G.S. § 58-76-5 held to enlarge conditions of bond furnished under N.”

Efird v. Riley (2004) ncmd · cites it 8× “Second, a sheriff may waive his immunity by purchasing a sheriffs bond pursuant to N.C. Gen. Stat. § 58-76-5 , which provides that “every person injured by the neglect, misconduct, or misbehavior in office of any .”

Sellers v. Rodriguez (2002) ncctapp · cites it 10× “See Mellow; N.C. Gen. Stat. § 58-76-5 (1999). G.S. § 58-76-5 “provides a plaintiff with a statutory cause of action in addition to a common law cause of action.”

Stafford v. Barker (1998) ncctapp · cites it 21× “Stafford contends that “although there may not be a common law duty to protect [individual] victims in [a] case, there nevertheless [is] a statutory duty pursuant to N.C.G.S. § 58-76-5.” Therefore, she argues, the public duty doctrine is inapplicable in actions on a sheriffs…”

Mellon v. Prosser (1997) ncctapp · cites it 34× “§ 160A-485 (1994). In addition, section 58-76-5 of the General Statutes provides that a sheriff may remove the cloak of governmental immunity by purchase of a bond.”

Summey v. Barker (2001) ncctapp · cites it 6× “N.C. Gen. Stat. § 58-76-5 . “By expressly providing for this cause of action, the General Assembly has abrogated common law immunity where a public official causes injury through ‘neglect, misconduct, or misbehavior’ in the performance of his official duties or under color of…”

White v. Cochran (2013) ncctapp · cites it 10× “On 19 May 2010, Sheriff Cochran filed a second motion for judgment on the pleadings and motion to dismiss for lack of subject matter jurisdiction based upon Plaintiff’s failure to join Sheriff Cochran’s surety as required by N.C. Gen. Stat. § 58-76-5 . On 28 June 2010, Judge…”

Smith v. Phillips (1994) ncctapp · cites it 10× “*382 Relying on Messick and Slade , defendants contend that the only applicable waiver of immunity against a sheriff sued in his official capacity is N.C. Gen. Stat. § 58-76-5 (1991), which provides: Every person injured by the neglect, misconduct, or misbehavior in office of…”

Smith v. Jackson County Board of Education (2005) ncctapp · cites it 6× “On 15 August 2002, plaintiff moved to amend the complaint a second time in order to (1) sue defendant Cruzan in his individual capacity as well as his official capacity and (2) to add Cruzan’s surety as an additional party so as to assert a claim under N.C. Gen. Stat. § 58-76-5…”

Hill v. Medford (2003) ncctapp · cites it 8× “As a public official, if sued in his or her official capacity, a sheriff is protected against tort actions by governmental immunity unless the sheriff purchases *329 a bond pursuant to G.”

Hensley v. Suttles (2016) ncwd · cites it 2× “2006) citing N.C. Gen. Stat. § 58-76-5 . Such suits can be maintained not just for the actions of the sheriffs themselves, but also based on the actions of their deputies while acting under color of law.”

Simmons v. Corizon Health, Inc. (2015) ncmd · cites it 5× “See N.C. Gen.Stat. § 58-76-5. Plaintiffs offer no response to Guil-ford Defendants’ proposed limitation.”

Show all 57 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.