Public Official Immunity: Public Official v. Public Employee Distinction (Quick-Reference Guide)

Public official immunity protects a public official from personal liability for negligent acts, unless the official acted outside the scope of his or her official duties or with malice or corruption. The immunity does not extend to public employees, meaning that they may be held individually liable for injuries caused by their negligence while performing their duties. The significant difference in the exposure to liability of public officials and public employees means that the distinction between the two categories is a critical one. 

This quick-reference guide highlights the lines North Carolina courts have drawn by position category in the local government context for purposes of public official immunity. Except where necessary, this resource includes only published, as opposed to unpublished, and state, not federal, caselaw.