State v. Wilson, 362 N.C. 162

Summary

The Supreme Court of North Carolina held that a mental health clinician employed by an independent contractor providing services to jail inmates was an agent of the sheriff for purposes of North Carolina General Statutes § 14-27.7(a). The court concluded that the clinician could be criminally liable for sexual acts with an inmate and that the employment contract's independent-contractor provision was properly excluded from evidence. The court modified and affirmed the Court of Appeals' decision.

Holdings

1. A person who provides mental health services to inmates on behalf of the sheriff is an agent authorized to act for or in place of the sheriff and may be criminally liable under N.C.G.S. § 14-27.7(a), even if employed by an independent contractor.
2. The trial court properly excluded the employment contract because its designation of Prison Health Services as an independent contractor did not negate Wilson's statutory agency relationship with the sheriff.

Questions Presented

1. Whether a mental health clinician employed by an independent contractor providing services to jail inmates was an agent of the sheriff within the meaning of N.C.G.S. § 14-27.7(a).
2. Whether the trial court properly excluded the employment contract between the sheriff's office and the independent contractor.

Disposition

affirmed