North Carolina Law and Policy

William W. Plyler, N.C. Attorney

The World War II Experiences Of A Member Of The Greatest Generation

William Plyler | November 22, 2009

(My father, Beal Brent (B.B.) Plyler, Jr., wrote the following account of his experiences in World War II at the request of Betty McCain and John Hackney, Jr. in 2007.  Prior to reading this account, I knew very little about his service in the Navy.  I found his account very interesting and reprint it here verbatim.  My father [...]

The Last Refuge Of The Dolt

William Plyler | November 13, 2009

The instructor who taught my bar examination review course in 1982 announced that the multiple choice answer “violates due process” would never be a correct answer on the exam.  He correctly forecast that “violates due process” would be one of the proffered answers to many of the questions, but he strongly urged us to always [...]

Public Duty Doctrine No Liability Shield Where Probation Officer Placed Sex Offender In Home With Children

William Plyler | November 7, 2009

The North Carolina Department of Correction may be liable where a probation officer placed a known sex offender in a home with two children who were subsequently sexually assaulted by the sex offender.  Blaylock v. N.C. Department of Correction – Division of Community Corrections, (No. COA09-65, filed November 3, 2009), holds that the public duty [...]

Court Revives Federal Tort Claims Act Lawsuit Bought By Widow Of Motorcyclist

William Plyler | November 1, 2009

The Fourth Circuit Court of Appeals provided the widow of a motorcyclist a second chance in her lawsuit filed under the Federal Tort Claims Act (the “FTCA”).  The key issue in Kern v. United States of America, (4th Circuit, No. 08-1287, decided October 29, 2009), was whether federal employee Debra Scott was acting in the course [...]