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NEWBERNE v. DEPT. OF CRIME CONTROL

No. 75A05.

618 S.E.2d 201 (2005)

359 N.C. 782

Reginald NEWBERNE v. DEPARTMENT OF CRIME CONTROL AND PUBLIC SAFETY, an agency of the State of North Carolina, Division of State Highway Patrol, a principal sub-unit of an agency of the State of North Carolina, Bryan E. Beatty, in his official capacity as Secretary of the Department of Crime Control and Public Safety, Richard W. Holden, in his official capacity as Commanding Officer of the Division of State Highway Patrol, C.E. Moody, in his official capacity as Director of Internal Affairs for the Division of State Highway Patrol, and A.C. Combs, in his individual and official capacity as First Sergeant with the Division of State Highway Patrol.

Supreme Court of North Carolina.

August 19, 2005.

Attorney(s) appearing for the Case

Allen and Pinnix, P.A., by J. Heydt Philbeck, for plaintiff-appellant.

Roy Cooper, Attorney General, by Donald K. Phillips, Assistant Attorney General, for defendant-appellees.

Womble Carlyle Sandridge & Rice, PLLC, by Mark A. Davis, for North Carolina Association of County Commissioners, amicus curiae.

The McGuinness Law Firm, by J. Michael McGuinness, for North Carolina Troopers Association, amicus curiae.

Ferguson Stein Chambers Gresham & Sumter, PA, by Luke Largess, for North Carolina Academy of Trial Lawyers, and Shelagh Rebecca Kenney for American Civil Liberties Union of North Carolina Legal Foundation, amici curiae.

Thomas A. Harris, General Counsel, for State Employees Association of North Carolina, Inc., amicus curiae.

MARTIN, Justice.

On 9 April 2002, plaintiff Trooper Reginald Newberne filed suit against the named institutional and individual defendants, alleging that he was wrongfully terminated from his employment as a law enforcement officer with the State Highway Patrol in violation of the North Carolina Whistleblower Act, N.C.G.S. § 126-84 to -88. Defendants filed a motion to dismiss pursuant to Rule 12(b)(6) of the North...

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