(a) It is a violation of this Chapter if:
(1) Two or more persons, motivated by race, religion, ethnicity, or gender, but whether or not acting under color of law, conspire to interfere with the exercise or enjoyment by any other person or persons of a right secured by the Constitutions of the United States or North Carolina, or of a right secured by a law of the United States or North Carolina that enforces, interprets, or impacts on a constitutional right; and
(2) One or more persons engaged in such a conspiracy use force, repeated harassment, violence, physical harm to persons or property, or direct or indirect threats of physical harm to persons or property to commit an act in furtherance of the object of the conspiracy; and
(3) The commission of an act described in subdivision (2) interferes, or is an attempt to interfere, with the exercise or enjoyment of a right, described in subdivision (1), of another person.
(b) Any person whose exercise or enjoyment of a right described in subdivision (a)(1) has been interfered with, or against whom an attempt has been made to interfere with the exercise or enjoyment of such a right, by a violation of this Chapter may bring a civil action. The court may restrain and enjoin such future acts, and may award compensatory and punitive damages to the plaintiff. The court may award court costs and attorneys' fees to the prevailing party. However, a prevailing defendant may be awarded reasonable attorneys' fees only upon a showing that the case is frivolous, unreasonable, or without foundation.
(b1) The North Carolina Human Relations Commission may bring a civil action on behalf, and with the consent, of any person subjected to a violation of this Chapter. In any such action, the court may restrain and enjoin such future acts, and may award compensatory damages and punitive damages to the person on whose behalf the action was brought. Court costs may be awarded to the Commission or the defendant, whichever prevails. Notwithstanding the provisions of G.S. 114-2, the Commission shall be represented by the Commission's staff attorney.
(c) No civil action may be brought or maintained, and no liability may be imposed, under this Chapter against a governmental unit, a government official with respect to actions taken within the scope of his official governmental duties, or an employer or his agent with respect to actions taken concerning his employees within the scope of the employment relationship. (1987, c. 718; 1991, c. 433, ss. 1, 2.)
Notes of Decisions
Radcliffe v. Avenel Homeowners Ass'n, Inc., 789 S.E.2d 893 (N.C. Ct. App. 2016).
· cites it 19× “Prior Lawsuits Brought by Plaintiff or on Her Behalf On 14 June 2006, the North Carolina Human Relations Commission ("the NCHRC") brought a lawsuit ("the NCHRC Lawsuit") on Plaintiff's behalf in Wake County Superior Court asserting a cause of action against Defendants for…”
McClean v. Duke Univ., 376 F. Supp. 3d 585 (M.D.N.C. 2019).
· cites it 26× “to interfere with the exercise or enjoyment by any other person or persons of a right secured by the Constitutions of the United States or North Carolina, or of a right secured by a law of the United States or North Carolina that enforces, interprets, or impacts on a…”
Town of Belhaven v. Pantego Creek, LLC, 793 S.E.2d 711 (N.C. Ct. App. 2016).
· cites it 14× “Dever, III remanded the case to Beaufort County Superior Court on the ground that Plaintiffs had not actually brought a federal civil rights claim under Title VI of the Federal Civil Rights Act of 1964, but rather had alleged civil rights violations under N.C. Gen. Stat. § 99D-1…”
Smith v. Jackson Cnty. Bd. of Educ., 608 S.E.2d 399 (N.C. Ct. App. 2005).
· cites it 10× “With respect to the causes of action pertinent to this appeal, plaintiff asserted claims against Hess for negligent performance of law enforcement duties, breach of fiduciary duty, negligent infliction of emotional distress, intentional infliction of emotional distress, and…”
Zenobile v. McKecuen, 548 S.E.2d 756 (N.C. Ct. App. 2001).
· cites it 12× “It alleges that the three defendants “singly and in concert” engaged in conduct constituting IIED and NIED, and that they “conspired to deprive [plaintiff] of her civil rights as a woman” in violation of N.C.G.S. § 99D-1 (1999), “Interference with Civil Rights.”
Jaffer v. Nat'l Caucus & Ctr. on Black Aged, Inc., 296 F. Supp. 2d 639 (M.D.N.C. 2003).
· cites it 8× “Finally, Jaffer attempts to state a breach of contract claim against the NCBA and its employees. The contract at issue apparently is Jaffer’s SEE Program Enrollment Agreement, which she refers to as the “employment contract.”
Hobbs Realty & Constr. Co. v. Scottsdale Ins., 593 S.E.2d 103 (N.C. Ct. App. 2004).
· cites it 3× “§ 1985 (3) and N.C.G.S. § 99D-1. Those original plaintiffs sought compensatory and punitive damages for “economic loss, personal injury, emotional distress, and great mental anguish.”
Copper Ex Rel. Copper v. Denlinger, 667 S.E.2d 470 (N.C. Ct. App. 2008).
· cites it 2× “§ 1983 (3) and N.C. Gen. Stat. § 99D-1 (2007); and (6) were victims of defamation per se.”
Townsend v. Bd. of Educ. of Robeson Cnty., 454 S.E.2d 817 (N.C. Ct. App. 1995).
· cites it 2× “Plaintiff filed a complaint against the Board of Education of Robeson County, alleging negligent infliction of emotional distress as well as violation of N.C. Gen. Stat. § 99D-1 (1992) and plaintiff’s state and federal constitutional rights.”
N.C. Gen. Stat. § 99D-1(a): 4 cases
Radcliffe v. Avenel Homeowners Ass'n, Inc., 789 S.E.2d 893 (N.C. Ct. App. 2016).
“Prior Lawsuits Brought by Plaintiff or on Her Behalf On 14 June 2006, the North Carolina Human Relations Commission ("the NCHRC") brought a lawsuit ("the NCHRC Lawsuit") on Plaintiff's behalf in Wake County Superior Court asserting a cause of action against Defendants for…”
Town of Belhaven v. Pantego Creek, LLC, 793 S.E.2d 711 (N.C. Ct. App. 2016).
“Dever, III remanded the case to Beaufort County Superior Court on the ground that Plaintiffs had not actually brought a federal civil rights claim under Title VI of the Federal Civil Rights Act of 1964, but rather had alleged civil rights violations under N.C. Gen. Stat. § 99D-1…”
N.C. Gen. Stat. § 99D-1(a)(1): 1 case
McClean v. Duke Univ., 376 F. Supp. 3d 585 (M.D.N.C. 2019).
“to interfere with the exercise or enjoyment by any other person or persons of a right secured by the Constitutions of the United States or North Carolina, or of a right secured by a law of the United States or North Carolina that enforces, interprets, or impacts on a…”
N.C. Gen. Stat. § 99D-1(c): 1 case
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