The Securities and Exchange Commission

[thepennyking]

Sovereign Immunity: Individual Liability of Public Officials

The doctrine of sovereign immunity protects the State from suit unless it consents to be sued. Although the State of North Carolina has adopted a limited waiver of sovereign immunity, public officials may not be held personally liable for mere negligence in the performance of governmental duties involving the exercise of judgment and discretion. A public official may be held personally liable, however, it the official's "act, or failure to act, was corrupt or malicious." Smith v. State, 289 N.C. 303, 222 S.E.2d 412, 430 (1976) (quoting Smith v. Hefner, 235 N.C. 1, 68 S.E.2d 783, 787 (1952).

http://www.nlrg.com/lawlet/civ2_may.htm