Case law

G.D. v. KANNAPOLIS CITY SCHOOLS BOARD OF EDUCATION

District Court, M.D. North Carolina · Apr 27, 2023

But at this stage of the proceedings this is not an established fact. … This does not qualify as liability insurance and does not waive sovereign immunity. See J.W., 2012 WL 4425439, at *10.

CARVER v. VALLIERE

District Court, M.D. North Carolina · Dec 4, 2019

Second, “a prison official must have a sufficiently 2 Movant Defendants argue that they are entitled to qualified immunity. … The Court does not find qualified immunity applicable here, as Plaintiff has alleged facts that make out a violation of a constitutional right that is clearly established at the time of violation. See Pearson v.

MUSSAT-WHITLOW

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

This Court has previously held that government entities are immune from punitive damages brought under § 1981a(b)(1) for alleged violations of the ADA. Longo v. … Supp. 2d 618, 625 (M.D.N.C. 2005) (finding a state university immune from punitive damages under § 1981a(b)(1)).

MONROE

District Court, M.D. North Carolina · Aug 27, 2026

Further, qualified immunity protects 6:15-cv-3725-TMC-KFM, 2016 WL Wilkes from suit. This doctrine 4154688, at *4 (D.S.C. … To adopted, 2016 WL 4123900 (Aug. 3, determine if qualified immunity 2016); Lloyd v. MacNeish, C/A No.

WOODS v. GUILFORD COUNTY DSS

District Court, M.D. North Carolina · Nov 13, 2019

§ 1915(e) (2) (B) generally applies to situations in which doctrines established by the United States Constitution or at common law immunize government entities and/or government personnel from … In this regard, the Complaint’s vague assertions do not plausibly establish that Defendants unlawfully deprived Plaintiff of her constitutional rights.

MUSSAT-WHITLOW

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

Feeney, 495 U.S. 299, 304 (1990) (construing the Eleventh Amendment “to establish that a non-consenting State is immune from suits brought in federal courts by her own citizens as well as by citizens of another state” ( … Notice “make[s] the employer aware that the employee needs FMLA- qualifying leave” and includes “the anticipated timing and duration of the leave.”

Estate of Williams-Moore v. Alliance One Receivables Management, Inc.

335 F. Supp. 2d 636 · District Court, M.D. North Carolina · Sep 3, 2004

Rule 9(j) of the North Carolina Rules of Civil Procedure requires a plaintiff alleging a medical malpractice claim to (1) allege that the medical care has been reviewed by a person who is reasonably expected to qualify as … Health Plan of the Mid-Atlantic States, Inc., 34 F.Supp.2d 334, 339 (E.D.Va.1999) (stating that considering the language of the statute and its legislative history, Congress has clearly manifested an intent to preempt state

Wiley v. United Parcel Service, Inc.

227 F. Supp. 2d 480 · District Court, M.D. North Carolina · Oct 16, 2002

Some tests are well established. … Fitting REDA into one of the two lines of cases established by the circuit courts is a difficult matter.

NC ALLIANCE FOR TRANSP. v. US Dept. of Transp.

168 F. Supp. 2d 569 · District Court, M.D. North Carolina · Aug 23, 2001

Eleventh Amendment immunity, however, is not absolute. … A waiver of Eleventh Amendment immunity must be clearly declared by the state. See id. at 676 , 119 S.Ct. 2219 .

CASPER v. COOPER

District Court, M.D. North Carolina · Aug 22, 2022

immunity because “these theories likewise fail to demonstrate that the defendants in any way violated clearly established federal law”).4 (Doc. 36-2 at 5.) … any Individual Defendant[]; nor does it overcome qualified immunity.”

MCCANTS v. BERRINGER

District Court, M.D. North Carolina · Aug 10, 2020

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Because Plaintiff cannot establish that his Eighth Amendment rights were violated, Defendant Brathwaite is entitled to qualified immunity on this claim.

Victus, Ltd. v. Collezione Europa U.S.A., Inc.

26 F. Supp. 2d 772 · District Court, M.D. North Carolina · Oct 26, 1998

The Order denying the Plaintiffs Motion in Limine, issued on September 16, 1998, clearly stated that “at a hearing prior to trial, the Defendant must prepare a forecast of the evidence it will rely upon to establish that … Id. at 61 , 113 S.Ct. 1920 (“Proof of a sham merely deprives the [antitrust] defendant of immunity; it does not relieve the [antitrust] plaintiff of the obligation to establish all other elements of his claim.”).

Johnston v. Time, Inc.

321 F. Supp. 837 · District Court, M.D. North Carolina · Nov 23, 1970

The imputation must be one tending to affect a party in a society whose standard of opinion the court can recognize.” ****** “The decisions in this jurisdiction, as well as others, clearly establish that a publication is … (Cite omitted) * * * “ ‘ * * * In cases of qualified privilege, the falsehood of the [statement] will not of itself be sufficient to establish malice, for there is a presumption that the publication was made bona fide.’

WILLIAMS v. STATE OF NORTH CAROLINA

District Court, M.D. North Carolina · Oct 18, 2023

§ 1983 and common-law immunity doctrines, including judicial immunity and prosecutorial immunity); cf. Allen v. … Stat. §§ 7A-3 (bringing all court operations under control of State), 7A-41 (establishing superior courts and providing for superior court judges).

RUMLEY v. CITY OF GRAHAM

District Court, M.D. North Carolina · Feb 10, 2025

However, “[a]s a general rule, ‘“non-outsiders” to an employment contract often enjoy qualified immunity from liability for inducing their corporation or other entity to breach its contract with … But that qualified immunity will not insulate a non-outsider from “liab[ility] in damages to the [terminated] employee for so procuring such termination of the employment if the [non-outsider]

Parsons v. Jefferson-Pilot Corp.

141 F.R.D. 408 · District Court, M.D. North Carolina · Feb 14, 1992

The subjects identified are clearly within the realm of legal advice, not *418 business advice. See generally Weil Ceramics and Glass v. … immunity to discovery similar to the attorney’s work product doctrine (see Computervision Corp. v.

GRIZZEL v. WILKES COUNTY, NORTH CAROLINA

District Court, M.D. North Carolina · Sep 22, 2023

§ 1983 and common-law immunity doctrines, including judicial immunity); cf. Allen v. … Regardless of the context and/or content of the relevant order, Judge Shumate enjoys judicial immunity because signing an order qualifies as a routine judicial function.

BROWN v. UNIVERSITY OF NORTH CAROLINA HEALTH CARE SYSTEM

District Court, M.D. North Carolina · Feb 11, 2021

“The Fourth Circuit has not conclusively established whether a dismissal based on Eleventh Amendment immunity is a dismissal for lack of subject matter jurisdiction under Rule 12(b)(1) or for … is entitled to that immunity.

ANDREWS v. KECK-THOMAS

District Court, M.D. North Carolina · May 11, 2020

This ground for dismissal generally applies to situations in which doctrines established by the United States Constitution or at common law immunize government entities and/or government … Stat. §§ 7A-3 (bringing all court operations under control of state), 7A-130 (establishing district courts), 7A-132 (providing for district court judges and magistrates), 7A-170 (establishing a

POND v. United States

District Court, M.D. North Carolina · Jul 30, 2025

Thus, the Government argued, Plaintiff did not meet his burden to establish a waiver of sovereign immunity, and this Court should therefore dismiss Plaintiff’s Complaint for lack of subject matter jurisdiction. … The Fourth Circuit has made clear that “[a] prior decision does not qualify for this third exception by being just maybe or probably wrong; it must . . . strike us as wrong with the force of a five-week-old, unrefrigerated