Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Criminal Offenses
Drug Offenses
Beeson v. Palombo, 220 N.C. App. 274 (May. 1, 2012)
Because probable cause supported the issuance of arrest warrants for assault on a female, the defendants were shielded by public official immunity from the plaintiff’s claims based on false imprisonment and other grounds. The defendant officer told the magistrate that the plaintiff, a teacher, had “touched [the] breast area” of two minor female students after at least one of the students had covered herself with her arms and asked the plaintiff not to touch her. This evidence was enough for a reasonable person to conclude that an offense had been committed and that the plaintiff was the perpetrator.