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WHITE v. TREW

No. 33PA12.

736 S.E.2d 166 (2013)

Mark W. WHITE v. Robert J. TREW.

Supreme Court of North Carolina.

January 25, 2013.

Attorney(s) appearing for the Case

Stevens Martin Vaughn & Tadych, PLLC, Raleigh, by C. Amanda Martin ; and Everett Gaskins Hancock LLP, Raleigh, by James M. Hash , for plaintiff-appellee.

Roy Cooper , Attorney General, by Thomas J. Ziko , Senior Deputy Attorney General, and Brian R. Berman , Assistant Attorney General, for defendant-appellant.

Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Raleigh, by C. Matthew Keen , for North Carolina Associated Industries, Inc., amicus curiae.

JACKSON, Justice.

In this appeal we consider whether sovereign immunity bars a libel suit by a tenured public university professor against his department head for an unfavorable annual review when the complaint does not specify whether the department head is being sued in his official or individual capacity. We hold that when the complaint does not specify the capacity in which a public official is being sued for actions...

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