Case law

Robinson v. City of Kinston

District Court, E.D. North Carolina · Aug 30, 2023

In analyzing qualified immunity, the court asks (1) “whether the facts that a plaintiff has alleged or shown make out a violation of a constitutional right,” and (2) “whether the right at issue was Clearly established at … An officer enjoys qualified immunity and is not liable for excessive force unless he has violated a “clearly established” right, such that “it would [have been] clear to a reasonable officer that his conduct was unlawful

Reynolds v. City of Raleigh

District Court, E.D. North Carolina · Mar 27, 2024

“To overcome an official’s claim of qualified immunity, the plaintiff must show: ‘1) that the official violated a statutory or constitutional right, and 2) that the right was clearly established at the time of the challenged … The court’s analysis here turns on the second prong of the qualified immunity analysis.

Hicks v. Intercontinental Acceptance Corp.

154 F.R.D. 134 · District Court, E.D. North Carolina · Jan 10, 1994

In this case, Plaintiff has failed to satisfy two of the conditions necessary to establish a “proper case” for joinder. … Plaintiff has established no existence of a “trust relationship” with the Federal Trade Commission.

McCrary v. Federal Emergency Management Agency

642 F. Supp. 544 · District Court, E.D. North Carolina · Jul 10, 1986

The policy qualifies this statement, however, by indicating that such is only a matter of courtesy and the claimant must still send a proof of loss within sixty days after the loss even if the adjuster does not furnish the … McCrary, have established these four elements of a traditional estoppel defense.

Shock v. Wells Fargo Bank, N.A.

District Court, E.D. North Carolina · Feb 5, 2024

Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … In analyzing qualified immunity, the court asks (1) “whether the facts that a plaintiff has alleged or shown make out a violation of a constitutional right,” and (2) “whether the right at issue _was clearly established

Bahsoon v. Pezetel, Ltd.

768 F. Supp. 507 · District Court, E.D. North Carolina · Jul 23, 1991

The FSIA “establishes comprehensive and exclusive standards to be used in *510 resolving questions of sovereign immunity raised by foreign states in either federal or state court in the United States.” Williams v. … Immunity is thus the general rule and must be adhered to by the court unless it is clearly shown that an exception applies. Gibbons v. Republic of Ireland, 532 F.Supp. 668 (D.D.C.1982).

Avens v. Dixon

District Court, E.D. North Carolina · Sep 25, 2025

or her conduct was clearly established at the time. … Accordingly, Kelly is entitled to qualified immunity for Plaintiff's failure to state a claim.

Schmitz

District Court, E.D. North Carolina · Apr 13, 2026

Qualified immunity shields government officials from liability for statutory or constitutional violations so long as they can reasonably believe that their conduct does not violate clearly established … A court employs a two-step procedure for determining whether qualified immunity applies “that asks first whether a constitutional violation occurred and second whether the right violated was clearly established

Al-Deen v. Trustees of University of North Carolina Wilmington

102 F. Supp. 3d 758 · District Court, E.D. North Carolina · Apr 6, 2015

Defendants further seek dismissal on the basis of sovereign immunity, qualified immunity, and Eleventh Amendment immunity. DISCUSSION I. … To establish a prima facie case of Title VII retaliation, a plaintiff must “show that (1) she engaged in protected activity; (2) her employer took an action against her that a reasonable employee would find materially adverse

Bunn v. Bowen

637 F. Supp. 464 · District Court, E.D. North Carolina · May 5, 1986

a special factor, such as the limited availability of qualified attorneys for the proceedings involved, justifies a higher fee____ (emphasis added). … Nelson, 762 F.2d at 1333 (allowing rates of $100-$125 per hour based on the limited availability of qualified attorneys for immigration proceedings); Underwood v.

Beaumont v. Federal Election Commission

137 F. Supp. 2d 648 · District Court, E.D. North Carolina · Oct 3, 2000

for certain “qualified” nonprofit corporations). … Because the Plaintiffs’ speech has been chilled as a result of § 114.10, an infringement which may be redressed by a ruling of this Court, the Plaintiffs have clearly established standing in this case.

Goldsboro Christian Schools, Inc. v. United States

436 F. Supp. 1314 · District Court, E.D. North Carolina · Sep 12, 1977

First, the plaintiff seeks to qualify as an organization exempted from F.I.C.A. and F.U.T.A. taxes. … did not have the prohibited effect of establishing a religion.

Porter v. Board of Trustees of North Carolina State University

District Court, E.D. North Carolina · Jun 17, 2022

Qualified immunity shields government officials from liability for statutory or constitutional violations so long as they can reasonably believe that their conduct does not violate clearly established law. Harlow v. … A court employs a two-step procedure for determining whether qualified immunity applies that “asks first whether a constitutional violation occurred and second whether the right violated was clearly established.”

Aponte v. US Dept. of Treasury

940 F. Supp. 898 · District Court, E.D. North Carolina · Sep 23, 1996

If the United States has not waived is sovereign immunity in a particular circumstance, the Federal Government and its agencies are immune from suit. Loeffler v. … Title 5 of the United States Code clearly proclaims that the Unites States has retained its sovereign immunity by granting the right to receive compensation under the FECA: (c) The liability of the United States or an instrumentality

United States v. King

121 F.R.D. 277 · District Court, E.D. North Carolina · Aug 5, 1988

Clearly, under the above standard for disclosure, that is not enough and defendant’s motion is DENIED. … In the case at bar, although defendant clearly asserts sufficient facts to establish electronic surveillance actually took place, he fails to assert any facts from which the court can reasonably infer the existence of a “

Iglesias v. Wolford

539 F. Supp. 2d 831 · District Court, E.D. North Carolina · Mar 18, 2008

Plaintiff is properly concerned with trying to establish her wrongful discharge claim against the individual defendants in their personal capacities. … However, the capacity in which she has sued the individual defendants is irrelevant to whether any of them qualifies as her “employer.”

Alexander Industries, LLC v. Town of Holly Ridge, North Carolina

District Court, E.D. North Carolina · Jan 31, 2022

Defendants also argue that defendant Richards and defendant Faircloth are entitled to qualified immunity. A government official sued in his or her personal capacity may invoke the doctrine of qualified immunity. … [ed] bright lines marking the limits of his qualified immunity protection.”

Long v. City of Concord

District Court, E.D. North Carolina · Aug 23, 2022

In analyzing qualified immunity, the court asks “whether the facts that a plaintiff has shown . make out a violation of a constitutional right,” and “whether the right at issue was clearly established at the … Thus, Long’s right to a fair trial free of knowingly falsified evidence was clearly established in 1976.

Lumsden Ex Rel. Estate of Lumsden v. United States

555 F. Supp. 2d 580 · District Court, E.D. North Carolina · May 7, 2008

In Reply, [DE-21], the Government again presses its entitlement to immunity by operation of the “public duty” doctrine. … Saad, 73 N.C.App. 336 , 326 S.E.2d 365, 367 (1985) (recognizing cause of action against psychiatrist for injuries to third party resulting from wrongful release of mental patient; doctor’s statutory qualified immunity did

Bennett v. Reed

534 F. Supp. 83 · District Court, E.D. North Carolina · Sep 23, 1981

Further, plaintiff complains that there is not a qualified nurse on twenty-four hour duty at the Moore County Unit. … The procedure established in Department of Corrections, Physical Examinations and Outpatient Health Records section # .0202, does not require the nurse to be on duty at the Unit 24 hours per day.