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John Bishop v. County of Macon, N.C., 4th Cir. (2015)
John Bishop v. County of Macon, N.C., 4th Cir. (2015)
John Bishop v. County of Macon, N.C., 4th Cir. (2015)
No. 14-2172
Appeal from the United States District Court for the Western
District of North Carolina, at Bryson City. Max O. Cogburn, Jr.,
District Judge. (2:10-cv-00009-MOC-DLH)
Submitted:
Decided:
July 9, 2015
PER CURIAM:
John William Bishop (John) and his mother, Donna J. Bishop
(Donna),
appeal
the
district
magistrate
judges
revised
courts
order
recommendation
and
adopting
dismissing
the
with
with
prejudice
the
Bishops
state
law
claims
for
erred
in
dismissing
Donnas
federal
claims,
erred
in
Finding no error, we
affirm.
We review de novo a district courts dismissal for failure to
state a claim, accepting factual allegations in the complaint as
true
and
nonmoving
drawing
party.
all
reasonable
Kensington
inferences
Volunteer
Fire
in
favor
Dept,
of
Inc.
the
v.
Montgomery Cnty., 684 F.3d 462, 467 (4th Cir. 2012); see Fed. R.
Civ. P. 12(b)(6).
of
the
line
between
entitlement to relief.
possibility
and
plausibility
of
omitted).
The Bishops first challenge the dismissal of Donnas 1983
claims, asserting that personal property was wrongfully seized
from her home because the items were not listed in the search
warrants.
warrant
is
not
intended
to
impose
Courts
United States
Thus, to prevail
The
mere assertion, without more, that police seized some items not
listed
in
the
warrants
does
not
render
the
seizures
unconstitutional.
The Bishops next contend that the district court erred in
dismissing their state law claims for negligence and bailment
against Holland and Lau in their individual capacities, arguing
that public official immunity did not apply.
North
Carolina,
public
officials
are
We disagree.
generally
immune
In
from
Here,
the
Bishops
have
neither
alleged
nor
presented
any
evidence
Moreover, the
Bishops
cannot
mere
immunity.
allegations
of
gross
negligence
defeat
We review
dismisses
jurisdiction.
the
claims
over
which
it
has
original
In
its
in
discretion
exercising
supplemental
jurisdiction
and
We
dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before this court and
argument would not aid the decisional process.
AFFIRMED