WILMINGTON, N.C. (WECT) - A North Carolina appeals court has dismissed New Hanover County Board of Elections former director Marvin McFadyen’s appeal of his termination.
McFadyen sued the county, the county Board of Elections, the North Carolina State Board of Elections, and its members after he was fired in 2015. A judge dismissed the wrongful-termination lawsuit in 2018.
A state appeals court vacated and dismissed his appeal of that decision this week. The court ruled that since McFadyen was terminated by the State Board of Elections, the lawsuit needed to be filed in Wake County. By filing the lawsuit in New Hanover County, which had no jurisdiction, it rendered his appeal moot.
The appeals court dismissed without prejudice his ability to refile in Wake County so McFadyen can refile his case there.
The lawsuit was initially filed in New Hanover County Superior Court but was later transferred to Federal Court. In January 2016, the federal judge assigned the case granted a motion to dismiss by the State Board of Elections and its members, removing them from the case. The judge then remanded the suit back to Superior Court for further proceedings.
In April of 2018, a judge ruled there are “no genuine issues as to any material facts as to the claims against New Hanover County,” according to the order, and dismissed the case.