In Wilcox v. City of Asheville, Burton Craige co-authored an amicus brief for NCAJ in the Court of Appeals. This police shooting case raises important issues about public official immunity and the availability of remedies under the North Carolina Constitution. In August 2012, the Court of Appeals accepted plaintiff’s argument against the immunity defense, but dismissed the constitutional claim. Read the court decision and the full brief.
Summary of the argument:Amicus respectfully requests that the Court hold that the “objective reasonableness” standard of the Fourth Amendment applies to use of force claims brought under Article I, § 20; that an assault claim against the Defendant officers individually requiring prove of subjective motive is not an adequate remedy for a
constitutional claim based on objective reasonableness; and, more broadly, that an individual capacity claim can never be an “adequate remedy” for a constitutional violation by the government.