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SCHLOSSBERG v. GOINS

No. COA99-1391.

540 S.E.2d 49 (2000)

Charles SCHLOSSBERG, Plaintiff-Appellee, v. T.J. (P.J.) GOINS, Individually and in his Official Capacity as a Corporal of the City of Greensboro Police Department, T.D. Dell, Individually and in his Official Capacity as an Officer of the Greensboro Police Department, and The City of Greensboro, Defendants-Appellants.

Court of Appeals of North Carolina.

December 29, 2000.

Attorney(s) appearing for the Case

Carruthers & Roth, P.A., by Kenneth R. Keller and Norman F. Klick, Jr., Greensboro, for the plaintiff-appellee.

Hill, Evans, Duncan, Jordan & Davis, P.L.L.C., by Joseph R. Beatty and Polly D. Sizemore, Greensboro, for the defendants-appellants.

WYNN, Judge.

Unless waived or consented to, a city and its employees acting in their official capacities are protected from tort actions under the doctrine of governmental immunity. Likewise, public officers' immunity protects public officials from actions for mere negligence in the performance of their duties. The trial court in this case denied the City of Greensboro and its police officers the benefit of both doctrines. We reverse that judgment insofar as its holding...

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