State ex rel. Williams v. Adams, 25 N.C. App. 475 (1975)

April 16, 1975 · North Carolina Court of Appeals · No. 758SC118

25 N.C. App. 475

STATE OF NORTH CAROLINA ON RELATION OF GEORGE JOHNNIE WILLIAMS, JR., Administrator of GEORGE JOHNNIE WILLIAMS, Deceased v. W. I. ADAMS, L. R. COBB, GEORGE PEELE, C. BOLTINHOUSE and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, INC.

No. 758SC118

(Filed 16 April 1975)

Public Officers § 9; Sheriff and Constables— neglect of prisoner by sheriff — statute of limitations

An action against a sheriff for neglect of plaintiff’s intestate while he was in jail in the sheriff’s custody is an action against a public officer for a trespass under color of his office and must be instituted within one year after the cause of action accrues. G.S. 1-54(1).

Appeal by plaintiff from Snepp, Judge. Judgment entered 18 November 1974 in Superior Court, Wayne County. Heard in the Court of Appeals 11 April 1975.

Turner and Harrison, by Fred W. Harrison, for plaintiff appellant.

Smith, Anderson, Blount & Mitchell, by John H. Anderson, for defendant appellees.

VAUGHN, Judge.

The complaint alleges tortious neglect of plaintiff’s' intestate while he was in jail in defendant Sheriff’s custody.

G.S. 1-54(1) requires that actions against a public officer for a trespass under color of his office be started within one year after the cause of action accrues.

A sheriff is a public officer and negligence in the performance of his duties as custodian of one confined in the county jail is a trespass under color of his office. It appears on the face of the complaint that this suit was started more than one year after the cause of action accrued. It was, therefore, proper to grant defendants’ motion for judgment on the pleading because the claim was barred by G.S. 1-54(1), the applicable statute of limitation.

Affirmed.

Judges Parker and Clark concur.