Case law

Gottesman v. J.H. Batten, Inc.

286 F. Supp. 2d 604 · District Court, M.D. North Carolina · Sep 26, 2003

Under the McDonnell Douglas scheme of proof, the plaintiff must show four elements to establish a prima facie case of discriminatory discharge under the ADEA: “(1) he is a member of the protected class; (2) he was qualified … “To establish a cause of action under the ADA, a plaintiff must show: ‘(1) that he has a disability; (2) that he is otherwise qualified for the employment or benefit in question; and (3) that he was excluded from the employment

Moseley v. Freeman

977 F. Supp. 733 · District Court, M.D. North Carolina · Feb 28, 1997

Noia, supra, establishes that such certiorari review is not part of the state proceeding. … The courts interpreting 28 U.S.C. § 2261 have found that Congress had the intention of establishing a quid pm quo arrangement whereby states can obtain expedited processing of death penalty cases by creating and funding qualified

ROBINSON

District Court, M.D. North Carolina · Dec 19, 2025

This court finds that Defendants did not violate a clearly established right. … Therefore, Defendants are entitled to qualified immunity. C.

STEVENS v. CABARRUS COUNTY BOARD OF EDUCATION

District Court, M.D. North Carolina · Jan 22, 2021

Instead, a less qualified, non-black candidate received the position. (Id. ¶¶ 26a, 27a.) … Although the Board participates in the North Carolina School Boards Trust (“NCSBT”), a board's participation in the NCSBT does not waive governmental immunity because the NCSBT does not qualify

WILLOUGHBY v. WEST

District Court, M.D. North Carolina · Sep 22, 2025

State sovereign immunity, while “sometimes referred to . . . as ‘Eleventh Amendment immunity,’” Stewart v. … The record establishes that the first factor - “whether there is ‘an ongoing state judicial proceeding,’” Air Evac EMS, Inc. v.

Allen v. City of Greensboro

322 F. Supp. 873 · District Court, M.D. North Carolina · Feb 19, 1971

Calhoun is the duly appointed, qualified and acting Chief of Police of the City of Greensboro, and the defendant John G. Turner is the duly appointed, qualified and acting City Manager of the City of Greensboro. … Plaintiff’s contention is not supported by the decisions he cites, which are clearly distinguishable.

Kirkcaldy v. Richmond County Board of Education

212 F.R.D. 289 · District Court, M.D. North Carolina · Aug 23, 2002

Gen.Stat. § 150B-51 to establish the standards for the judicial review of the administrative hearing. Faulkner v. New Bern-Craven County Bd. of Educ., 311 N.C. 42, 49 , 316 S.E.2d 281, 286 (1984). … immunity as municipal government officials.

United States v. 100.80 Acres of Land

657 F. Supp. 269 · District Court, M.D. North Carolina · Mar 27, 1987

Lang qualified as an expert in the field of mineral appraisal and economic geology before the Commission at its second hearing. … Although qualified as an expert in real estate appraisal, Mr.

HUMPHREYS v. ROWAN-SALISBURY BOARD OF EDUCATION

District Court, M.D. North Carolina · Mar 29, 2023

(4) Cato is not entitled to qualified immunity, (id. at 19–23).6 5 Plaintiff “asserts no claim against Defendant Cato for the search of [her daughter … “Under the doctrine of sovereign immunity, the State is immune from suit absent waiver of immunity.” Evans v.

SUTTON v. ROCKINGHAM COUNTY

District Court, M.D. North Carolina · Mar 30, 2022

dismiss should be granted because: (1) Plaintiffs failed to allege a constitutional violation that resulted from a Rockingham County policy or custom; (2) Plaintiffs’ § 1983 claim against Individual Defendants is barred by qualified … unambiguous and “clearly preserves the defense of governmental immunity.” Id.; see Earley, 694 S.E.2d at 409–10; Patrick, 655 S.E.2d at 924.

GRIFFITH

District Court, M.D. North Carolina · Mar 20, 2026

(bold font omitted)), the establishment of a refund process, and the reassignment of a specific GTCC employee. (See id. at 10-13.) … GTCC and the UNC System (collectively, the “Defendants”) both qualify “as arms of the state,” Doe, 133 F.4th at 313 (internal quotation marks omitted). See id.

Smith Ex Rel. Smith v. Cohen Benefit Group, Inc.

851 F. Supp. 210 · District Court, M.D. North Carolina · Oct 20, 1993

While ERISA clearly preempts claims of bad faith as against insurance companies for improper processing of a claim for benefits under an employee benefit plan, [ ] and while ERISA plans cannot be modified by oral representations … [ ], we are not persuaded that this logic should extend to immunize agents from personal liability for their solicitation of potential participants in an ERISA plan prior to its formation.

TERRY v. LAFAVE

District Court, M.D. North Carolina · Sep 16, 2024

at 16-22 (developing that argument)), (111) Plaintiff’s “Fourth Amendment unlawful traffic stop claim is, at the very least, barred by qualified immunity” (id. … In this case, the record lacks any evidence that establishes a waiver of governmental immunity.

Elkins v. Broome

328 F. Supp. 2d 596 · District Court, M.D. North Carolina · Jul 26, 2004

McDowell County, 155 F.3d 559 , 1998 WL 398825 , at *3 (4th Cir.1998) (unpublished) (rejecting plaintiffs claim for *600 malicious prosecution because plaintiffs conviction, despite being overturned, established the existence … Because Plaintiff cannot show a violation of his federal rights to sustain his Section 1983 action, the court need not address the issue of qualified immunity. See Hodge v. Jones, 31 F.3d 157 , 167 (4th Cir.1994).

SUTTON v. ROCKINGHAM COUNTY

District Court, M.D. North Carolina · Nov 6, 2023

King clearly and appropriately provided verbal responses to various questions regarding person, place and time. Based on these assessments, it was determined that Mr. … Biggs United States District Judge 2 These four now-mooted issues concern whether Plaintiffs established proximate cause, whether the immunity under

LEWIS v. HOKE COUNTY

District Court, M.D. North Carolina · Sep 1, 2020

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 … Thus, the traditional two-step qualified immunity inquiry requires a court to determine: “(1) whether the official violated a constitutional right; and if so (2) whether the right was ‘clearly established’ at the time

Dillon v. BMO Harris Bank, N.A.

16 F. Supp. 3d 605 · District Court, M.D. North Carolina · Apr 23, 2014

The North Carolina Unfair and Deceptive Trade Practices Act To establish a claim under *621 UDTPA, 93 Mr. … Based on this affidavit, it seems likely that this lender would be entitled to the benefit of sovereign immunity. Mr.

FUJIWARA

District Court, M.D. North Carolina · Mar 3, 2026

Watts, 146 F.4th 349, 364 (4th Cir. 2025) (state officials bear the burden of establishing their entitlement to qualified immunity); Alvarado v. … The Court thus declines to rule on qualified immunity at this time. 12 154, 171 (4th Cir. 2017).

NC RSOL v. NODALSKI

District Court, M.D. North Carolina · Aug 26, 2019

Defendants’ sovereign immunity argument overlaps substantially with the standing analysis. … Plaintiffs have failed to establish standing to challenge N.C. Gen.

LEWIS v. BRATHWAITE

District Court, M.D. North Carolina · Nov 3, 2021

at 15-20 (noting absence of allegations establishing serious medical need and Brathwaite’s disregard of the same)) and that, alternatively, qualified immunity would shield her from liability … at 14-16) and, in any event, Plaintiff has not demonstrated a violation of “any ‘clearly established’ constitutional right” (id. at 16 (emphasis omitted)).