Case law

State v. Bare

309 N.C. 122 · Supreme Court of North Carolina · Aug 9, 1983

Siskind [defendant’s attorney] asked that I instruct the jury as to the effect of witnesses having immunity or quasi-immunity and the court has refused because there is no evidence any witness has immunity from the State … The defendant contends that the admitted testimony is irrelevant in that it does not tend to establish the probability or improbability of any fact in issue, Rush v.

Est. of Long v. Fowler

Supreme Court of North Carolina · Aug 13, 2021

“It has long been established that an action cannot be maintained against the State of North Carolina or an agency thereof unless it consents to be sued or upon its waiver of immunity, and that this … This establishes that defendants are agents of NCSU.

Jones v. City of Durham

360 N.C. 81 · Supreme Court of North Carolina · Dec 16, 2005

In enacting this statutory exemption to our motor vehicle speed limits, it was clearly the intent of the legislature to extend speed limit exemptions beyond mere police pursuits, to include all emergency service vehicles, … By statute, the North Carolina Criminal Justice Education and Training Standards Commission has the power to establish educational and training standards that must be met in order to qualify and be certified or recertified

Cedarbrook Residential Ctr., Inc. v. N.C. Dep't of Health & Hum. Servs.

Supreme Court of North Carolina · Dec 16, 2022

According to Judge Tyson, “[i]t has long been established that an action cannot be maintained against [a state agency] unless it consents to be sued or upon its waiver of immunity, and that this immunity is … particularly qualified for the purpose.

Meinck v. City of Gastonia

819 S.E.2d 353 · Supreme Court of North Carolina · Oct 26, 2018

“Under the doctrine of governmental immunity, a county or municipal corporation ‘is immune from suit for the negligence of its employees in the exercise of governmental functions absent waiver of immunity.’ ” Williams, … Thus, while the applicable statutory provisions are “clearly relevant,” we conclude that the legislature has not “directly resolved” whether defendant’s lease of 212 West Main Avenue to the Art Guild as part of its downtown

Cedarbrook Residential Ctr., Inc. v. N.C. Dep't of Health & Hum. Servs.

Supreme Court of North Carolina · Dec 16, 2022

According to Judge Tyson, “[i]t has long been established that an action cannot be maintained against [a state agency] unless it consents to be sued or upon its waiver of immunity, and that this immunity is … particularly qualified for the purpose.

Carpenter v. . R. R.

184 N.C. 400 · Supreme Court of North Carolina · Nov 22, 1922

In 1915 the General Assembly established a State Highway Commission, to consist of the Governor and six others, and afterwards increased the number of commissioners, enlarged their duties, and more clearly defined their powers … He is bound to establish it. The State is a political corporate body, can act only through agents, and can command only by laws.

In Re Wingler

231 N.C. 560 · Supreme Court of North Carolina · Mar 22, 1950

of a judge as a matter of right, a judge de jure meets this three-fold test: (1) He possesses the legal qualifications for the judicial office in question; (2) he has been lawfully chosen to such office; and (3) he has qualified … The act of Mayor McNeil in trying the petitioner and committing her to jail was also immune to collateral attack under G.S. 128-6.

Copper ex rel. Copper v. Denlinger

363 N.C. 784 · Supreme Court of North Carolina · Jan 29, 2010

Denlinger had violated rights “clearly *787 established” under federal law, thereby entitling Ms. … Denlinger to qualified immunity in her individual capacity; and (3) regarding the Board’s gang policy, it “defines a violation . . . with sufficient definiteness that a student could understand what conduct was prohibited

Brewer Ex Rel. Oldham v. Valk

204 N.C. 186 · Supreme Court of North Carolina · Feb 8, 1933

“(j) No operation under this chapter shall be performed by other than a duly qualified and registered North Carolina surgeon, and by him, only upon a written order signed by the responsible executive head of the institution … No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor

Est. of Graham v. Lambert

Supreme Court of North Carolina · Mar 22, 2024

To do so, the plaintiff must plead “facts that, if taken as true, are sufficient to establish a waiver of immunity.” Id. at 48 (cleaned up). … If the government seeks summary judgment on immunity grounds, it bears the “burden of clearly establishing the lack of any triable issue of fact by the record properly before the court.” See Moore v.

State v. . Pearson

97 N.C. 434 · Supreme Court of North Carolina · Feb 5, 1887

It was their duty to challenge his vote on the day of election, if they had reason to believe or suspect that he was not qualified. … But their decision in favor of the right of a party to vote, in the absence of fraud and collusion, must have the effect of securing the voter immunity from criminal liability, if it should afterwards appear that lie did

Harwood v. Johnson

326 N.C. 231 · Supreme Court of North Carolina · Feb 7, 1990

of the Parole Commission because she was acting pursuant to their direction. *238 North Carolina has a well-established common law doctrine of sovereign immunity which prevents a claim for relief against the State except … These allegations, if shown to be true, would entitle plaintiff to relief pursuant to 42 U.S.C. § 1983 since this statute clearly established a statutory right of which members of the Commission as reasonable officials should

Etheridge v. Carolina Power & Light Company

249 N.C. 367 · Supreme Court of North Carolina · Jan 14, 1959

To what extent the facts alleged would, if established, constitute valid defenses need not now be determined. … Power Company as a defense alleged Bordeaux was a qualified electric welder acquainted with the hazards of electric transmission lines. He knew the line in question was energized at 440 volts.

Ferrell v. Department of Transportation

334 N.C. 650 · Supreme Court of North Carolina · Oct 8, 1993

It is well established that a state and its agencies may not be sued unless sovereign immunity is waived. Guthrie v. State Ports Authority, 307 N.C. 522, 534 , 299 S.E.2d 618, 625 (1983). … The Minnesota Supreme Court stated: While reconveyance is clearly provided for, the intended reconveyance price is unclear.

Wynn v. Frederick

Supreme Court of North Carolina · Dec 15, 2023

Additionally, we hold, in accordance with our established precedent, that judicial immunity applies to official and individual capacity claims. We therefore reverse the decision of the Court of Appeals. … Our case law, however, clearly establishes that judicial immunity protects 10 In an official capacity claim, the plaintiff “seeks recovery from the entity of which the public servant defendant is an agent.”

First Union National Bank v. Hackney

266 N.C. 17 · Supreme Court of North Carolina · Dec 15, 1965

Stated from the viewpoint of the parent, it is a privilege, but only a qualified one.” In accord: Brennecke v. Kilpatrick, 336 S.W. 2d 68 (Mo.); Palcsey v. Tepper, 176 A. 2d 818 (N.J.); Davis v. Smith, supra. … The immunity of the parent usually has been predicated upon the premise that to allow such an action against a parent would either disrupt the tranquillity of the domestic establishment or subvert parental control and discipline

General Electric Company v. Turner

275 N.C. 493 · Supreme Court of North Carolina · Jul 11, 1969

However, the making of an “irrevocable decision” in an important business controversy, after hearing one side and refusing to hear the other, does not qualify as commendable procedure. … In the absence of consent or waiver, this immunity against suit is absolute and unqualified.” Schloss v. Highway Comm., supra. “The State is immune from suit unless and until it has expressly consented to be sued.

Crazie Overstock Promotions, LLC v. State of North Carolina

Supreme Court of North Carolina · Jun 11, 2021

, public official immunity, and qualified immunity and asserting that Crazie Overstock’s request for a declaratory judgment that its Rewards Program did not violate N.C.G.S. § 14-306.4 failed to state a claim … , sovereign immunity, qualified immunity, and estoppel

Carpenter v. Atlanta & Charlotte Air Line Railway Co.

184 N.C. 400 · Supreme Court of North Carolina · Nov 22, 1922

In 1915 the General Assembly established a State Highway Commission, to consist of the Governor and six others, and afterwards increased the number of commissioners, enlarged their duties, and more clearly defined their powers … He is bound to establish it. Tbe State is a political corporate body, can act only through agents, and can command only by laws.