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GATESVILLE – A motion has been entered to dismiss a civil lawsuit lodged against Gates County local government as well as two high-ranking county officials.

Back in mid August, an attorney representing Gates County Elections Director Clytia Riddick filed a lawsuit against   Gates County Manager Scott Sauer and Warren Perry, the county’s Human Resources Director, as well as Gates County local government.

The lawsuit, filed by Greenville attorney Ralph T. Bryant Jr. who is representing Riddick, seeks in excess of $300,000 in compensatory and punitive damages.

On Oct. 25, the law firm of Womble Bond Dickinson LLP of Winston-Salem filed a motion in Superior Court to have the lawsuit dismissed pursuant to Rules 12(b)(3) and 12(b)(6) of the North Carolina Rules of Civil Procedure on the following grounds:

Plaintiff [Riddick] has failed to state a claim for relief against Gates County as plaintiff has failed to allege a waiver of governmental and/or sovereign immunity;

Plaintiff has failed to state a claim for relief against the individual defendants [Sauer, Perry] on the grounds of public official and/or governmental immunity;

Plaintiff has failed to state a claim for relief against any of the defendants for tortious interference with contract and conversion as a matter of law;

Plaintiff has failed to state a claim for relief against any of the defendants for violations of the North Carolina Constitution; and

Plaintiff has failed to state a claim for relief under the North Carolina Constitution because she cannot show that she does not have an adequate state law remedy.

The dismissal goes on to say that Riddick reserves the right to amend her motion to dismiss to assert further grounds.

Womble Bond Dickinson is retained by Gates County local government and the two individual defendants through the North Carolina Association of County Commissioners.

Sauer offered no comment when asked by this newspaper for a statement regarding the motion to dismiss.

Riddick’s lawsuit lists four claims of relief.

The first, filed against Perry and Sauer individually, is for tortious interference, which allows a plaintiff to claim damages against a defendant who intentionally interferes with a plaintiff’s business or contractual relationships.

The second claim, showing Gates County local government as the defendant, is for conversion. That claim says the county was provided with the necessary documentation from the County Board of Elections that required the county pay the plaintiff the full amount of her salary. The suit alleges that “Gates County converted a portion of the funds by depriving the plaintiff of the money and converting the money to Gates County’s own use.”

The third claim for relief, naming Perry and Sauer in their individual capacity, is for illegal surveillance.

This claim alleges that Perry and Sauer acted in violation of North Carolina General Statute (NCGS) 15A 287 “by secretly listening to and/or recording the plaintiff’s conversations on a daily basis [through video security cameras that the defendant had installed in the Board of Elections office] and have attempted to use oral communication that they heard while illegally listening to the plaintiff’s conversations to harm the plaintiff in their effort to cause plaintiffs removal from her position as Director of the Gates County Board of Elections.”

The fourth claim for relief, naming Perry and Sauer individually, is for interference with civil rights.

The claim alleges “that the defendants, motivated by the race of the plaintiff, have conspired to interfere with the exercise or enjoyment by the plaintiff of rights secured by the Constitutions of North Carolina, as contained in Article I, Section 1 of the North Carolina Constitution and Article I, Section 19 of the North Carolina Constitution.”

The lawsuit demands a trial by jury.

The motion to dismiss answered the four claims.

As for the claim of “secretly listening” to Riddick at the Board of Elections office, the security system at that location is programmed to provide video only. As programmed, the system has never had the capability to record audio.

The claim regarding Riddick not receiving her full salary, the county’s law firm answered that “Sauer has a fiduciary duty and responsibility under the NC Budget and Fiscal Control Act to prevent the expenditure of public funds for services that are not provided or hours that are not worked. While on information and belief plaintiff has set forth the process that was in place prior to defendants discovering that plaintiff was not working full time hours, it is denied that any actions taken by defendants were improper and in fact, defendants consulted with the [North Carolina] Institute of Government prior to taking any action to process her compensation in a manner which reflected the hours worked.”

The response added that the defendants “noticed discrepancies between the plaintiff’s time sheet and the hours that she was working at Gates County Board of

Elections. Gates County had no provisions for remote working in 2023.

“Further, defendants had received communications about the Board of Elections being closed during county business

hours. In fact, there was one day in particular in December 2023 when the Gates County Board of Elections Office was closed to the public all day and should have been open. Because of concerns raised about the fact that plaintiff was not actually working the hours she was submitting (including feedback from citizens that the office was not open during normal operating hours).”

The defendants also deny any interference with Riddick’s civil rights.

In closing, the law firm representing the county asks the court to dismiss all claims with prejudice; that the plaintiff’s request for injunctive relief be denied; that judgment be entered in defendants’ favor; that fees and costs should be taxed against plaintiff; and for any other relief deemed just and proper.