Two Raleigh city employees are asking a judge to cut them loose from the wrongful‑death lawsuit filed by the family of 11‑year‑old Hailey Brooks, who was killed during the 2022 Raleigh Christmas Parade. The motions, filed this week, seek to sever the staffers from claims tied to the crash that killed the young dancer. It is the latest turn in a legal saga that has already brought criminal pleas, civil settlements and a homegrown parade‑safety campaign.
City employees try to get dropped from the case
Attorneys for Whitney Schoenfeld, who was serving as the city’s interim senior manager of special events at the time, and for Kirk Archer II, the city’s special event planner in 2022, have filed motions asking the court to remove them from the Brooks family’s complaint. The lawyers argue that, as city employees, Schoenfeld and Archer cannot be held “personally liable for the criminal conduct of a third party,” according to WRAL. A hearing on those requests was set for Monday, the outlet reported.
How the criminal case unfolded
The deadly crash happened on Nov. 19, 2022, when a pickup truck towing a float lost control on Hillsborough Street and struck members of a dance troupe, killing Hailey Brooks and injuring others. The driver, Landen Glass, later pleaded guilty to obstruction of justice, death by motor vehicle and dangerous‑weapon charges and received a 262‑day jail sentence, according to ABC11. In the aftermath, the Brooks family began pushing for tougher parade‑safety rules at both the local and state levels.
The family’s civil complaint names Glass, CC & Company Dance Complex, the Greater Raleigh Merchants Association/ShopLocal Raleigh and D&L Floats, alleging that organizers and some officials failed to ensure participant safety. The Brooks family has since reached settlements with CC & Company, the float business and Glass while keeping their claims against the city and event organizers alive. The remaining case is tentatively set for trial in November, WRAL reports. Court filings from the city also ask the judge to exclude or strike a liability‑focused expert report submitted by the Brooks’ attorneys.
What North Carolina law allows, and what it does not
North Carolina law gives public officials and employees limited protection from personal liability when they are carrying out discretionary duties within the scope of their jobs. Courts have allowed individual claims to proceed, however, when plaintiffs plausibly allege gross negligence, malice or actions outside an employee’s authority. Recent case law explains that public‑official immunity can shield lawful discretionary conduct but does not bar suits alleging wanton or reckless behavior. That is the legal backdrop for the motions now pending in Wake County, as outlined in a North Carolina Supreme Court decision summarized on Justia.
Advocacy, legislation and local changes
Hailey’s parents created the Shine Like Hailey Foundation and championed a proposed “Shine Like Hailey Parade Safety Act” that would require stricter vehicle inspections and minimum driver ages for parades. The foundation and the bill text lay out those ideas; see the family’s organization at Shine Like Hailey and the bill text filed with the North Carolina General Assembly. Local reporting has noted that parade organizers and the city have adopted tighter safety procedures and participant waivers since the tragedy, part of a broader attempt to prevent anything like 2022 from happening again, according to The News & Observer.
For now, the new motions will be argued at the scheduled hearing, and a judge will decide whether Schoenfeld and Archer remain in the lineup of defendants. Whatever the ruling, the case is poised to test how North Carolina’s immunity rules apply to city employees whose event‑planning decisions are being dissected after a high‑profile tragedy.
