State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_99D > GS_99D-1

Chapter99D.

Civil Rights.

§ 99D‑1.  Interferencewith Civil Rights.

(a)        It is a violationof this Chapter if:

(1)        Two or more persons,motivated by race, religion, ethnicity, or gender, but whether or not actingunder color of law, conspire to interfere with the exercise or enjoyment by anyother person or persons of a right secured by the Constitutions of the UnitedStates or North Carolina, or of a right secured by a law of the United Statesor North Carolina that enforces, interprets, or impacts on a constitutionalright; and

(2)        One or more personsengaged in such a conspiracy use force, repeated harassment, violence, physicalharm to persons or property, or direct or indirect threats of physical harm topersons or property to commit an act in furtherance of the object of theconspiracy; and

(3)        The commission of anact described in subdivision (2) interferes, or is an attempt to interfere,with the exercise or enjoyment of a right, described in subdivision (1), ofanother person.

(b)        Any person whose exerciseor enjoyment of a right described in subdivision (a)(1) has been interferedwith, or against whom an attempt has been made to interfere with the exerciseor enjoyment of such a right, by a violation of this Chapter may bring a civilaction.  The court may restrain and enjoin such future acts, and may awardcompensatory and punitive damages to the plaintiff.  The court may award courtcosts and attorneys' fees to the prevailing party.  However, a prevailingdefendant may be awarded reasonable attorneys' fees only upon a showing thatthe case is frivolous, unreasonable, or without foundation.

(b1)      The North CarolinaHuman Relations Commission may bring a civil action on behalf, and with theconsent, of any person subjected to a violation of this Chapter.  In any suchaction, the court may restrain and enjoin such future acts, and may awardcompensatory damages and punitive damages to the person on whose behalf theaction was brought.  Court costs may be awarded to the Commission or thedefendant, whichever prevails.  Notwithstanding the provisions of G.S. 114‑2,the Commission shall be represented by the Commission's staff attorney.

(c)        No civil action maybe brought or maintained, and no liability may be imposed, under this Chapteragainst a governmental unit, a government official with respect to actionstaken within the scope of his official governmental duties, or an employer orhis agent with respect to actions taken concerning his employees within thescope of the employment relationship. (1987, c. 718; 1991, c. 433,ss. 1, 2.)