State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-611

§ 1‑611.  Certainactions barred.

(a)        No court shall havejurisdiction over an action brought under G.S. 1‑608(b) against a memberof the General Assembly, a member of the judiciary, or a senior executivebranch official acting in their official capacity if the action is based onevidence or information known to the State when the action was brought.

(b)        In no event may aperson bring an action under G.S. 1‑608(b) that is based upon allegationsor transactions that are the subject of a civil suit or an administrative civilmoney penalty proceeding in which the State is already a party.

(c)        No civil action maybe brought under this Article by a person who is or was a public employee orpublic official if the allegations of such action are based substantially uponeither of the following:

(1)        Allegations ofwrongdoing or misconduct which such person had a duty or obligation to reportor investigate within the scope of his or her public employment or office.

(2)        Information orrecords to which the person had access as a result of his or her publicemployment or office.

(d)        No court shall havejurisdiction over an action under G.S. 108A‑70.12 based upon the publicdisclosure of allegations or transactions (i) in a criminal, civil, oradministrative hearing at the State or federal level, (ii) in a congressional,legislative, administrative, General Accounting Office, or State Auditor'sreport, hearing, audit, or investigation, or (iii) from the news media, unlessthe action is brought by the Attorney General, or the person bringing theaction is an original source of the information. For purposes of this section,"original source" means an individual who has direct and independentknowledge of the information on which the allegations are based and has voluntarilyprovided the information to the State before filing an action under G.S. 108A‑70.12that is based on the information.  (2009‑554, s. 1.)