Pride v. Miller et al

Filing 50

ORDER granting 44 Motion for Reconsideration regarding 43 Order on Motion to Dismiss. Plaintiffs claim of negligence against the sheriff on a respondeat superior theory under state law is the only claim against the sheriff that survives the motion to dismiss stage. Signed by District Judge Terrence W. Boyle on 6/28/2016. (Romine, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:14-CV-781-BO

PHILLIP D. PRIDE,
Plaintiff,
V.

SHERIFF LARRY M. PIERCE, in his
official capacity, SERGEANT MATT
MILLER and DEPUTIES TRAVIS
SPARKS, AARON CANTWELL, and
CHUCK ARNOLD, in their individual
capacities, and WESTERN SURETY
COMPANY,
Defendants.

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ORDER

This matter comes before the Court on plaintiffs motion for reconsideration. [DE 44].
Defendants have responded in opposition, and the matter is ripe for ruling. For the reasons
discussed below, plaintiffs motion is GRANTED.
The Court has already considered and dismissed the claims of active negligence against
the sheriff. [DE 43]. Defendants have not requested that this decision be reconsidered, and it is
not reconsidered. However, in its earlier Order, the Court did not address plaintiffs brief claim
of state law negligence against the sheriff for the conduct of his deputies under a strictly
respondeat superior theory. In North Carolina, "a sheriff or supervisor may be held liable for the
acts ofhis subordinates under the principles of respondeat superior." Layman v. Alexander, 294
F. Supp. 2d 784, 796 (W.D.N.C. 2003); see also Ramsey v. Schauble, 141 F. Supp. 2d 584, 591
(W.D.N.C. 2001), Davis v. Moore, 215 N.C. 449,451 (N.C. 1939). As claims against the
deputies survive, plaintiff has stated a plausible claim for relief. See Fed. R. Civ. P. 12(b)(6);
Francis v. Giacomelli, 588 F.3d 186, 192 (4th Cir. 2009). Accordingly, the state law negligence

claim against the sheriff on the theory of vicarious liability survives this early stage of the
litigation.
CONCLUSION
Plaintiffs motion for reconsideration is GRANTED. [DE 44]. Plaintiffs claim of
negligence against the sheriff on a respondeat superior theory under state law is the only claim
against the sheriff that survives the motion to dismiss stage.

SO ORDERED, this~ay of June, 2016.

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