Case law

Bleecker v. Standard Fire Insurance

130 F. Supp. 2d 726 · District Court, E.D. North Carolina · Oct 23, 2000

The Fifth Circuit clearly rejected contentions by WYO companies that they could recover their liability from tort-based claims from federal funds. Id. … However, these standards are used to enforce contractual provisions when plaintiffs fail to meet contractual obligations, and not to establish negligence by the defendant. 6 .

Wright v. North Carolina State University

169 F. Supp. 2d 485 · District Court, E.D. North Carolina · Jan 6, 2000

To establish a violation of the ADA, plaintiff must show (1) that she has a disability; (2) that she is an otherwise qualified individual; and (3) that she has suffered unlawful discrimination based on her disability. … That statement is clearly in error.

Shinall v. Worrell

319 F. Supp. 485 · District Court, E.D. North Carolina · Dec 18, 1970

Clearly the North Carolina Legislature’s presumption so tends to inhibit constitutionally protected expression that it cannot stand under the Constitution. IV. … We conclude there is a failure in the burden of proof to establish unprotected activity on the part of Judge Dupree. 1 . 209 U.S. 123 , 28 S.Ct. 441 , 52 L.Ed. 714 (1908).

Emmons v. Rose's Stores, Inc.

5 F. Supp. 2d 358 · District Court, E.D. North Carolina · Oct 20, 1997

The individual Defendants, all employees and/or agents of Defendant Rose’s Stores, were all acting in their official capacities, and engaging in clearly delegable duties. … Notwithstanding the temporal proximity of Emmons’ dismissal, she has not established a causal connection between her complaint and her firing.

Canady v. Holder

District Court, E.D. North Carolina · Jul 8, 2021

Qualified Immunity Defendants Munday and Holder move to dismiss plaintiff’s § 1983 claims asserted against them in their individual capacities, on the basis of qualified … immunity.

White v. Vance County, North Carolina

District Court, E.D. North Carolina · Dec 7, 2021

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.”

Spell v. McDaniel

616 F. Supp. 1069 · District Court, E.D. North Carolina · Jul 10, 1985

In addition, defendants raised a host of affirmative defenses including absolute immunity and good faith immunity. … First, throughout this litigation, defendants have urged upon the Court various creative applications of the doctrines of qualified and absolute immunity.

Continental Bank & Trust Company v. Gold

140 F. Supp. 252 · District Court, E.D. North Carolina · Mar 28, 1956

The Louisville Fire and Marine Insurance Company once qualified to do business in North Carolina. … Co., D.C.Mo.1938, 21 F.Supp. 516 , which is relied on heavily by the Receiver, is a clearly distinguishable case.

Preston v. Leake

743 F. Supp. 2d 501 · District Court, E.D. North Carolina · Oct 19, 2010

Supporting or opposing the election of clearly identified candidates includes supporting or opposing the candidates of a clearly identified political party. A contribution is not an independent expenditure. … An individual who receives a written opinion from the Board and acts in compliance with it is immune from prosecution.

United States v. Lim Yuen

211 F. 1001 · District Court, E.D. North Carolina · Mar 16, 1914

expressions of federal courts, while not determinative of the instant case, in respect to which the well-prepared brief’ for the government states “no case has yet arisen in which the question here involved has existed, clearly … The admission, free from fraud, or other invalidating element, entitles a Chinaman, under existing treaty, to “all the rights and privileges, immunities and exemptions which are accorded to the citizens of the most favored

Mann v. Haigh

891 F. Supp. 256 · District Court, E.D. North Carolina · Jan 20, 1995

That section, § 702, has been interpreted broadly as a waiver of sovereign immunity for nonmonetary, injunctive, or general equitable relief, see Helsabeck v. … U.S., 821 F.Supp. 404 (E.D.N.C.1993); furthermore, it appears established that § 702 waives immunity for equitable actions brought under 28 U.S.C. § 1331 . See Better v.

Riddick v. Sutton

794 F. Supp. 169 · District Court, E.D. North Carolina · May 8, 1992

immunity. … First, there is clearly a rational relationship between the practice of surveillance of prisoners in the bathroom and shower areas by correctional guards of both sexes and the twin goals of maintaining internal security and

Neptune v. Cobble Ridge Homeowner Association

District Court, E.D. North Carolina · Sep 29, 2025

On the other hand, because defendants raise a qualified immunity defense, which is available only in personal capacity suits, [DE 17, p. 21]; id., and assert the Eleventh Amendment defense only as to NCHRC … “T]o establish standing, a plaintiff must show (i) that he suffered an injury in fact that is concrete, particularized, and actual or imminent; (ii) that the injury was likely caused by the defendant; and (iii) that the

Smith v. Celebrezze

229 F. Supp. 827 · District Court, E.D. North Carolina · May 22, 1964

The hearing examiner found, in effect, that Smith was capable of performing work of a sedentary nature for which he “is fully trained and qualified” by his supervisory experience. … Although the record as a whole clearly shows that the applicant’s capacity was limited by the back ailment from which he suffered, it cannot be said that the Secretary’s conclusion is without substantial support in thé evidence

Alford

District Court, E.D. North Carolina · Mar 10, 2026

The burden of establishing subject matter jurisdiction rests on the party invoking jurisdiction, here the plaintiff. Adams v. … The Fourth Circuit has found that a suspension qualifies as a prohibited “personnel action” against an employee. Mikhaylov v.

Phipps v. New Hanover County Board of Education

551 F. Supp. 732 · District Court, E.D. North Carolina · Jul 12, 1982

On the merits, then, plaintiffs have clearly stated a claim for relief under Section 504 by alleging that because of their handicaps they will substantially regress during the summer break and that the Board has refused to … The Board must “establish and implement, with respect to actions regarding the identification, evaluation, or educational placement of persons who, because of handicap, need or are believed to need special instruction or

Taylor v. Elizabeth City Pasquotank Public School Board of Education

District Court, E.D. North Carolina · Jan 12, 2023

Therefore, Count II fails to establish a prime facia claim for interference with her FMLA rights. … But that NCSBT coverage agreement does not waive ECPPS’s governmental immunity because it does not qualify as a purchase of “insurance” under § □□□□□□ 42. See, e.g., Craig ex rel. Craig v.

Smith v. Dance

District Court, E.D. North Carolina · Jul 1, 2022

Clearly a communication is not made in good faith where it is made maliciously. … Though plaintiff must allege defendants acted with malice to overcome qualified immunity, an additional element that would not be required for a constitutional claim, libel still provides the opportunity for plaintiff

Mack v. East Carolina University

District Court, E.D. North Carolina · Mar 29, 2022

Defendants failed to act reasonably to protect Plaintiff's clearly established legal rights. Compl. at 11-12. … In the context of determining whether there is a violation of a clearly established right to overcome qualified immunity, purpose rather than knowledge is required to impose Bivens liability on the subordinate

Holley v. North Carolina Department of Administration

846 F. Supp. 2d 416 · District Court, E.D. North Carolina · Feb 10, 2012

To evaluate Lassiter, Holley, and the other six highly qualified applicants, the NCDOA established an interview panel composed of James Westbrook (“West-brook”) (Caucasian male), James Staton (“Staton”) (African-American … This first sentence clearly indicates that supervisory experience and training would be preferred.