{
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  "name": "PHYLLIS C. SNUGGS, JUNE C. ALMOND, and CAROL F. TROUTMAN v. STANLY COUNTY DEPARTMENT OF PUBLIC HEALTH, an agency of the County of Stanly; HAROLD LITTLE, Chairman, and FLOYD HUNEYCUTT, ALTON CROWELL, DR. CLAUDE N. BALLENGER, SHIRLEY LOWDER, ERNEST A. WHITLEY, DAVID A. CHAMBERS, IRA STOVALL, and DR. TOMMIE NORWOOD, Members, Stanly County Board of Health; COUNTY OF STANLY, a body politic; BEECHER R. GRAY, individually and in his former representative capacity as Director of Stanly County Department of Public Health; CARLTON B. HOLT, R. C. HINKLE, DR. MAX GARBER, MATTIE LITTLE, and EVELYN HATLEY, former Chairman and Members, respectively of the Stanly County Board of Health",
  "name_abbreviation": "Snuggs v. Stanly County Department of Public Health",
  "decision_date": "1984-04-30",
  "docket_number": "No. 411PA83",
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  "casebody": {
    "judges": [],
    "parties": [
      "PHYLLIS C. SNUGGS, JUNE C. ALMOND, and CAROL F. TROUTMAN v. STANLY COUNTY DEPARTMENT OF PUBLIC HEALTH, an agency of the County of Stanly; HAROLD LITTLE, Chairman, and FLOYD HUNEYCUTT, ALTON CROWELL, DR. CLAUDE N. BALLENGER, SHIRLEY LOWDER, ERNEST A. WHITLEY, DAVID A. CHAMBERS, IRA STOVALL, and DR. TOMMIE NORWOOD, Members, Stanly County Board of Health; COUNTY OF STANLY, a body politic; BEECHER R. GRAY, individually and in his former representative capacity as Director of Stanly County Department of Public Health; CARLTON B. HOLT, R. C. HINKLE, DR. MAX GARBER, MATTIE LITTLE, and EVELYN HATLEY, former Chairman and Members, respectively of the Stanly County Board of Health"
    ],
    "opinions": [
      {
        "text": "PER CURIAM.\nPlaintiffs were employees of defendant, the Stanly County Department of Public Health prior to 27 September 1979 when they were each dismissed. Each plaintiff was served with written notice of termination at the time of her dismissal. Almost eight months later, in response to the plaintiffs\u2019 motions, each was served with a supplemental statement of charges or reasons for dismissal. Each plaintiff appealed her dismissal to the State Personnel Commission. On 25 September 1981, while their appeals were still pending before the State Personnel Commission, the plaintiffs instituted these actions in Superior Court, Stanly County seeking recovery under 42 U.S.C. \u00a7 1983. On 12 May 1982, the trial court allowed the defendants\u2019 motions to dismiss the actions under Rule 12(b)(1) of the North Carolina Rules of Civil Procedure on the ground of lack of jurisdiction over the subject matter. The Court of Appeals affirmed.\nState courts may exercise concurrent subject matter jurisdiction over claims arising under 42 U.S.C. \u00a7 1983. Maine v. Thiboutot, 448 U.S. 1, 3, n. 1, 65 L.Ed. 2d 555, 100 S.Ct. 2502 (1980); Williams v. Greene, 36 N.C. App. 80, 243 S.E. 2d 156, rev. denied, 295 N.C. 471, 246 S.E. 2d 12 (1978). The Court of Appeals erred in affirming the trial court\u2019s dismissal of the plaintiffs\u2019 claims for lack of jurisdiction over the subject matter.\nWe elect to treat the defendants\u2019 motions as motions brought under Rule 12(b)(6) to dismiss for failure to state a claim upon which relief may be granted. When the defendants\u2019 motions are viewed as motions brought under Rule 12(b)(6), they must be allowed since the plaintiffs have failed to allege that they do not have adequate remedies under State law which provide due process. See Parratt v. Taylor, 451 U.S. 527, 68 L.Ed. 2d 420, 101 S.Ct. 1908 (1981). But c.f. Patsy v. Florida Board of Regents, 457 U.S. 496, 73 L.Ed. 2d 172, 102 S.Ct. 2557 (1982) (State remedies need not be exhausted prior to bringing a \u00a7 1983 action in the Federal Courts). Therefore, the actions giving rise to this appeal are remanded to the Court of Appeals for further remand to the Superior Court, Stanly County, for the entry of orders under Rule 12(b)(6) dismissing the plaintiffs\u2019 claims for failure to state a claim upon which relief may be granted. The plaintiffs shall be allowed thirty days from the date of certification of this opinion within which to file amended complaints in Superior Court.\nModified and remanded.",
        "type": "majority",
        "author": "PER CURIAM."
      }
    ],
    "attorneys": [
      "Morton & Grigg, by Ernest H. Morton, Jr., for plaintiff appellant Phyllis C. Snuggs.",
      "Gerald R. Chandler, for plaintiff appellants June C. Almond and Carol F. Troutman.",
      "Frank B. Aycock, III, for defendant appellees."
    ],
    "corrections": "",
    "head_matter": "PHYLLIS C. SNUGGS, JUNE C. ALMOND, and CAROL F. TROUTMAN v. STANLY COUNTY DEPARTMENT OF PUBLIC HEALTH, an agency of the County of Stanly; HAROLD LITTLE, Chairman, and FLOYD HUNEYCUTT, ALTON CROWELL, DR. CLAUDE N. BALLENGER, SHIRLEY LOWDER, ERNEST A. WHITLEY, DAVID A. CHAMBERS, IRA STOVALL, and DR. TOMMIE NORWOOD, Members, Stanly County Board of Health; COUNTY OF STANLY, a body politic; BEECHER R. GRAY, individually and in his former representative capacity as Director of Stanly County Department of Public Health; CARLTON B. HOLT, R. C. HINKLE, DR. MAX GARBER, MATTIE LITTLE, and EVELYN HATLEY, former Chairman and Members, respectively of the Stanly County Board of Health\nNo. 411PA83\n(Filed 30 April 1984)\nConstitutional Law 8 17\u2014 state courts\u2019 ability to exercise concurrent subject matter jurisdiction over claims arising under 42 U.S.C. 8 1983\nState courts may exercise concurrent subject matter jurisdiction over claims arising under 42 U.S.C. \u00a7 1983; therefore, where plaintiffs instituted actions in superior court seeking recovery under 42 U.S.C. \u00a7 1983 while their appeals were still pending before the State Personnel Commission, it was error for the Court of Appeals to affirm a trial court\u2019s dismissal of the actions under Rule 12(b)(1) of the North Carolina Rules of Civil Procedure on the ground of lack of jurisdiction over the subject matter. Instead, defendants\u2019 motions should be viewed as motions to dismiss for failure to state a claim upon which relief may be granted pursuant to G.S. 1A-1, Rule 12(b)(6) since plaintiffs have failed to allege that they do not have adequate remedies under state law which provide due process.\nOn discretionary review of a decision of the Court of Appeals, 63 N.C. App. 86, 303 S.E. 2d 646 (1983), affirming a judgment of Judge Hairston presiding in Superior Court, STANLY County. Heard in the Supreme Court 11 April 1984.\nMorton & Grigg, by Ernest H. Morton, Jr., for plaintiff appellant Phyllis C. Snuggs.\nGerald R. Chandler, for plaintiff appellants June C. Almond and Carol F. Troutman.\nFrank B. Aycock, III, for defendant appellees."
  },
  "file_name": "0739-01",
  "first_page_order": 775,
  "last_page_order": 777
}