Defendants filed an answer, admitting the confiscation of contraband materials from plaintiff, denying the other material allegations of the complaint, and asserting affirmative defenses, including sovereign and governmental immunity, and qualified immunity. Defendants thereafter moved for summary judgment. They also averred that plaintiff's personal lock was considered a security risk and a replacement combination lock was issued to him. The confiscated materials were secured in the Odom mailroom and, according to defendant Davis, were forwarded to the Columbus Correctional Center upon plaintiff's subsequent transfer to that facility. Copies of the applicable DOP Policy Manual and Odom Standard Operating Procedures, as well as correspondence directed to plaintiff and various other documents, were attached to the affidavits.
Defendants appeal from the denial of their motion for summary judgment.
129 N.C. App. 101 N.C. App. Therefore, to the extent defendants' appeal is based on an affirmative defense of immunity, this appeal is properly before us. N.C. Gen. Stat. 110 N.C. App.