Summary judgment should have been allowed in his favor. If Officer Woodall is not liable, the City is not liable under the doctrine of respondeat superior . Summary judgment should have been allowed for the City. The defendants and the amicus curiae brief filed by the North Carolina Association of Police Attorneys advance several public policy arguments in favor of absolute immunity. The parties argue that public policy is against subjecting a police officer in this situation to a trial.
Absolute immunity is necessary to encourage people to enter public service.
They say it is also necessary to enable police officers to perform their duties fully and effectively without fear of liability. Although we acknowledge these arguments, we are bound by the language of the statute. Any change to the plain language of the statute must be made by the legislature. We remand to the Court of Appeals for further remand to the superior court for the entry of a judgment consistent with this opinion. Justice FRYE dissenting.