The North Carolina Court of Appeals has affirmed the dismissal of a claim filed by an individual against a state commission, highlighting the challenges faced by plaintiffs navigating complex legal frameworks. Teresa Lane Waters, acting as her own attorney, filed a complaint on August 15, 2028, with the North Carolina Industrial Commission against the North Carolina Judicial Standards Commission (JSC), seeking $1 million in damages for alleged negligence. The case was heard in the Court of Appeals on January 27, 2026.
The crux of Waters’ claim revolved around accusations that JSC Executive Director Brittany Pinkham acted negligently by barring her from filing complaints against judicial judges in North Carolina. Waters claimed this action resulted in false imprisonment, slander, and libel related to an arrest at the Union County Detention Center on August 11, 2020. Her affidavit alleged that she was wrongfully detained for cyberstalking a witness and that the local district attorney’s office failed to proceed with her case due to a lack of willingness from the witness to testify.
In response to these allegations, JSC moved to dismiss Waters’ claim on several grounds. They argued that her claims were barred by res judicata because she had previously filed similar claims arising from the same facts. Additionally, they contended that Waters failed to establish negligence on their part and that much of her claim fell outside the jurisdiction of the Tort Claims Act (TCA) since it involved intentional torts not covered under this statute. Moreover, they highlighted jurisdictional issues as Union County entities are not considered state agencies under TCA.
The Industrial Commission dismissed Waters’ claim with prejudice on December 13, 2023. Deputy Commissioner Hullender found that Waters did not adequately state specific acts of negligence attributable to any state employee or agent and noted jurisdictional limitations regarding her claims against county entities and intentional torts. The Full Commission upheld this decision on December 5, 2024, also issuing a gatekeeping order due to what they described as a pattern of meritless filings by Waters.
Waters appealed these decisions but faced further setbacks when Commissioner James C. Gillen denied her request for an in-person settlement conference regarding objections raised by JSC about her proposed record on appeal. Gillen ruled in favor of JSC’s objections and settled the record accordingly.
Representing herself throughout these proceedings, Waters raised multiple issues on appeal but struggled to demonstrate legal errors or procedural violations sufficient to overturn previous rulings. The court found no merit in her arguments regarding discrimination or due process violations related to virtual meeting accommodations during settlement discussions.
This case underscores significant procedural hurdles for pro se litigants pursuing complex claims involving governmental bodies while navigating statutory limitations like those inherent within TCA jurisdictional boundaries.
Attorney General Jeff Jackson represented JSC through Special Deputy Attorney General Ashley Weathers. Judges Zachary and Wood concurred with Judge Arrowood’s opinion affirming dismissal under Case ID COA25-492.
Source: 254921_Waters_v_State_of_North_Carolina_Judicial_Standards_Commission_Opinion_North_Carolina_Court_of_Appeals.pdf
