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Ex-Durham magistrate can sue former DA

Posted July 31, 2013

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— A federal judge has determined that a former Durham County magistrate's lawsuit against former District Attorney Tracey Cline can proceed, although he dismissed claims against Cline in her official capacity.

Magistrate Sam Biers resigned under pressure in 2011 after authorities determined that he falsified his employment application to hide a criminal history.

Biers accused Cline conspired with the Durham County Sheriff's Office to dismiss him because he was trying to expose wrongdoing by other magistrates.

Senior U.S. District Judge Carlton Tilley ruled last week that Biers had stated enough of a claim of First Amendment and 14th Amendment violations against Cline for anything she did outside of her official capacity as district attorney. Tilley dismissed claims against Cline for any actions done in her official capacity and against the state, as her employer, on the grounds of government immunity.

The sheriff's office also is seeking to have Biers' claims against it, Sheriff Mike Andrews, former Sheriff Worth Hill and Deputy Paul Martin dismissed.


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  • tatermommy52 Aug 1, 2013

    I thought a criminal record in Durham was a job enhancer.

  • whatelseisnew Jul 31, 2013

    Good, at least the taxpayer will not get slammed by having to pay a settlement. How did that woman become a DA in the first place?

  • mojaintsmall Jul 31, 2013

    A lawyer that lied. Say it ain't so. Now there is something one never sees!!! mojaintsmall

  • Scubagirl Jul 31, 2013

    Now, you won't EVER find me defending Cline BUT if this guy falsified his application to hide CRIMINAL activity then he SHOULD have been fired....

  • teleman60 Jul 31, 2013

    A thought : State officials who commit malfeasance by intentionally, willfully and conspiratorially passing unconstitutional laws, granting themselves undo judiciary powers and access to unlimited state funds are then PERSONALLY LIABLE TO THE CITIZENS OF THE STATE FOR ANY AND ALL MONIES SPENT PURSUANT TO COURT ACTIONS BROUGHT DUE TO THEIR MALFEASANCE PLUS ANY COURT COSTS AND FINES.

    McCrory. Tillis, Berger etc can be held personally liable for the millions spent to defend laws THEY KNEW WERE UNCONSTITUTIONAL when they forced them through.

    That is why AG Cooper advised McCrory to veto the laws!

  • trueblue0100 Jul 31, 2013

    well, well, she is back in the news with her shady behavior; play with fire and usually you get burned!........bakerbillwade

    Her shady behavior was making accusations against a sitting judge. Her problem was the language she used in her complaint. What was shady about that? Absolutely nothing. You might want to a better job of reading and fact gathering before you make these outlandish comments that have no basis!

  • trueblue0100 Jul 31, 2013

    well, well, she is back in the news with her shady behavior; play with fire and usually you get burned!.......bakerbillwade

    Did you even bother to read the article before commenting? It appears that you just saw the name Tracey Cline and started bashing. The man FALSIFIED his application. Most employment applications state that if you falsify information on the application it can be grounds for dismissal. Just what did you not understand about that? It looks like everything!

  • lavjt Jul 31, 2013

    Sue for what when you were in the wrong? Whether she targeted you or not, he falsified his application and got caught!

  • dollibug Jul 31, 2013

    People need to be held *accountable and responsible for what they do*....only WHEN AND IF this takes place will people do WHAT IS LEGAL AND LAWFUL*****they will continue the CORRUPTION as long as they are protected.

  • bakerbillwade Jul 31, 2013

    well, well, she is back in the news with her shady behavior....play with fire and usually you get burned!