A unanimous North Carolina Court of Appeals panel ruled this week that a defamation lawsuit against two former Durham City Council members can move forward, rejecting their claim that their actions were protected by legislative immunity.
The three-judge panel found that the alleged conduct of former council members Jillian Johnson and Mark-Anthony Middleton was not legislative but "administrative, political or personal," and that the defendants had failed to show immunity applies at this stage. City officials had appealed a Durham Superior Court ruling that had allowed most of the civil claims to proceed.
Monique Holsey-Hyman's 2024 lawsuit alleges that Johnson, Middleton, a developer, and two city officials spread false information about her, including extortion allegations, after she refused to support a development project in March 2023. A State Bureau of Investigation report found no evidence to support those allegations, Durham District Attorney Satana Deberry said. Deberry also found no evidence of a coordinated effort by city leaders to target Holsey-Hyman, though Holsey-Hyman's lawsuit argues one existed.
The lawsuit describes serious personal and professional fallout. Holsey-Hyman says the allegations, which received widespread media coverage, left her unable to sleep and caused panic attacks, severe migraines, and a later diagnosis of post-traumatic stress disorder. The N.C. Central University social work professor says she was passed over for awards, contracts, and promotions, and lost her bid to return to the City Council.
Holsey-Hyman was appointed to the council in 2022 to fill the seat vacated by Charlie Reece, chosen from about 20 applicants with no prior electoral experience. She joined a council deeply divided over development decisions across the city.
Neither Johnson nor Middleton remains on the council. Johnson declined to seek a third term in 2023, and Middleton lost his reelection bid in 2024. With the immunity question settled for now, the case moves toward the merits of Holsey-Hyman's claims.