A former North Carolina deputy is suing a sheriff over his requirement for employees to get a COVID-19 vaccine.

Christopher Neve, the former Durham County deputy, is asking a court to force Sheriff Clarence Birkhead to reinstate him with back pay and to rule that vaccine mandates are unconstitutional, The Herald-Sun of Durham reported Friday.

The lawsuit, filed in April in federal court, argues that mandating a vaccine that has only emergency authorization from the Food and Drug Administration and not formal approval violates federal law.

The Durham County Sheriff’s Office declined to comment Friday, citing the ongoing litigation.

In January, Birkhead sent a notice to employees that the COVID-19 vaccine would be mandatory except for medical or religious objections, according to court documents. After Neve and other deputies failed to schedule a vaccine appointment, Birkhead sent an email on Jan. 25 reminding deputies to schedule their appointments.

Neve continued to refuse the vaccine, according to the lawsuit, and after meeting with Birkhead in March, his badge and other equipment were confiscated. Neve was first put on unpaid administrative leave, then formally terminated on March 26, according to the lawsuit.

Public employers, even though many outside of the Durham County Sheriff’s Office have not, can mandate that employees receive the COVID-19 vaccine, according to the N.C. Department of Labor and Diane Juffras, a professor of public law and government at the University of North Carolina at Chapel Hill.

“Nothing prohibits a North Carolina public employer from requiring some or all of its employees to be vaccinated against particular illnesses, including COVID-19. So long as a vaccine has been authorized for use by the FDA,” Juffras wrote.

 

Photo via the Durham County Sheriff’s Office.

 

Related Stories
‹
Durham County Sheriff's Office Investigating Teenager Shot in the Face
Durham County authorities are investigating the Tuesday afternoon shooting of a teenager who was found at a Chapel Hill intersection before being taken to the hospital.
Durham Sheriff: Records Division Closed After Positive COVID-19 Tests
After experiencing an outbreak among its inmate population months ago, the Durham County Sheriff’s Office is now experiencing new COVID-19 cases among its staff. An alert from the sheriff’s office on Tuesday morning announced members of the office’s records division have tested positive for the coronavirus. “In the interest of public safety, the records office […]
Durham County Sheriff's Office Sees 6 Employees Test Positive for COVID-19
Six employees of the Durham County Sheriff’s Office have tested positive for COVID-19. The office released a statement on Wednesday sharing the news, saying all six are practicing coronavirus recovery protocols. Sheriff Clarence F. Birkhead said there have been no reported cases among the inmate population, with all tests for inmates coming back negative for […]
Orange County Sheriff's Office Announces Arrest in 25-Plus Break-Ins
Orange County authorities have arrested a man suspected in more than 25 break-ins across five counties. Investigators with the Orange and Durham county sheriff’s offices and members of the Durham Police Department located and arrested 31-year-old Leron Kelly Owens around 3:30 p.m. Tuesday, according to a release from the Orange County Sheriff’s Office. Owens was […]
Local Government Meetings: February 9-13, 2025
This week in local government: residents in Chatham County push back against Flock license-plate cameras and AI data centers.
Local Government Meetings: February 2-6, 2026
This week in local government: Durham considers the RTP's long-term development plans, and Carrboro gets an update on its comprehensive plan.
Orange County Sheriff's Office Brings Two Dozen Additional Charges Against Durham Man
Orange County authorities charged Durham's Keshaun Christopher Byrd over a November string of break-ins along Red Hill Lane and Seven Springs Road.
Sheriff: Durham Man Arrested in Chapel Hill After Cutting Victim 'Multiple Times' in Fight
An alert from the Durham County Sheriff's Office said deputies were called to the 5100 block of Barbee Chapel Road at 4:30 p.m. on Friday.
An Environmental Justice Test Case for Trump’s EPA: A Creek That Smells Like Death
By Lisa Sorg, Inside Climate News On a summer afternoon in Burton Park, hip-hop throbs from a car stereo over the backbeat of a basketball slapping on concrete. The sun bakes a grid of identical brick buildings, whose wheezing window air conditioners can barely keep pace with the 96-degree heat. Three young boys laugh and […]
Durham Tech Announces Contract Extension for President J.B. Buxton Through 2029
Durham Technical Community College President J.B. Buxton received a contract extension ahead of the new academic year, with his tenure now set to run to at least 2029.
›