N.C. Gen. Stat. There is no liability for individual officials as the Tort Claims Act applies only to claims against the state. Plaintiff brings forth claims of false imprisonment, intentional infliction of emotional distress and negligent infliction of emotional distress against the Disciplinary Hearing Commission. The Tort Claims Act does not give the Industrial Commission jurisdiction to award damages based on intentional acts. Injuries intentionally inflicted by employees of a state agency are not compensable under the Tort Claims Act.
Intentional acts are legally distinguishable from negligent acts.
Thus, the Industrial Commission correctly dismissed the claims of false imprisonment and intentional infliction of emotional distress against the Disciplinary Hearing Commission. As for negligent infliction of emotional distress, that claim, too, was properly dismissed. The claim is barred by the public duty doctrine. N.C. Gen. Stat. Our Supreme Court has made it clear that the Tort Claims Act incorporates existing common law rules of negligence, including the public duty doctrine.