DocketNumber: I.C. No. TA-15649
Judges: <center> DECISION AND ORDER for the Full Commission by CHRISTOPHER SCOTT, Commissioner, and DISSENT by LAURA KRANIFELD MAVRETIC, Commissioner.</center>
Filed Date: 5/21/2001
Status: Precedential
Modified Date: 7/6/2016
I respectfully dissent from the majoritys decision to reverse Deputy Commissioner Fords Decision and Order. Deputy Commissioner Ford found that Lt. Summers acted intentionally and following policy when he ordered that the plaintiff be sprayed with pepper spray to subdue him. This was an intentional act, and therefore was not negligent. At the time of the alleged incident, plaintiff was in a segregated cell after an altercation with a prison guard. Plaintiff repeatedly kicked on the door of the cell and shouted profanities. Lt. Summers ordered plaintiff to stop because his behavior was disturbing the other prisoners in the cell block. When plaintiff continued his behavior, Lt. Summers ordered an officer to spray plaintiff with pepper spray to subdue him.
Plaintiff failed to show that Lt. Summers acted in a negligent manner. The order to spray plaintiff was intentional and is therefore not covered under the North Carolina Workers Compensation Act. N.C. Gen. Stat.
S/______________________ LAURA KRANIFELD MAVRETIC COMMISSIONER
LKM/mhb