CASEY v. WAKE COUNTY

No. 7910SC652.

263 S.E.2d 360 (1980)

Charma Bryant CASEY v. WAKE COUNTY, Wake County Health Department and Dr. Richard Kurzmann.

Court of Appeals of North Carolina.

March 4, 1980.


Attorney(s) appearing for the Case

Winston, Blue, Larimer & Rooks by J. William Blue, Jr., Chapel Hill, for plaintiff-appellant.

Michael R. Ferrell, County Atty., Arthur M. McGlauflin and Shelley T. Eason, Asst. County Attys., Raleigh, for defendants-appellees.


VAUGHN, Judge.

The sole question on appeal is whether the activities of Wake County and Wake County Health Department in prescribing and dispensing contraceptives through a family planning clinic without charge are governmental in nature and therefore immune from liability under the doctrine of sovereign immunity. We hold that such activities are not proprietary in nature and the county and its health department can assert the doctrine of sovereign immunity as a defense...

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