Case law

Weaks v. North Carolina Department of Transportation

761 F. Supp. 2d 289 · District Court, M.D. North Carolina · Jan 25, 2011

Div. of Motor Vehicles, 166 F.3d 698 , 705 (4th Cir.1999) (noting that DMV, “as a department of the state, is immune from suit unless Congress has abrogated that immunity”); Bennett v. N.C. … Technologies Applications & Service Co., 80 F.3d 954, 960 (4th Cir.1996), that a plaintiff “must establish that she was the better qualified candidate for the position sought.” ...

Johnson v. North Carolina Department of Health & Human Services

454 F. Supp. 2d 467 · District Court, M.D. North Carolina · Sep 29, 2006

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 failure to state a claim under … It is also well established that this immunity extends to any state instrumentality that is considered an “arm of the State.” Regents of the Univ. of Cal. v.

Alexander v. City of Greensboro

762 F. Supp. 2d 764 · District Court, M.D. North Carolina · Jan 5, 2011

Since Plaintiffs have failed to allege facts showing a plausible claim under section 1983 or section 1985(3), it is unnecessary to address Wade’s qualified immunity argument. 15 . … The GPD Defendants have not raised qualified immunity as a defense to any of the federal claims against them. Because qualified immunity is an affirmative defense that must be raised by the defendant, see Henry v.

Williams v. Starling

353 F. Supp. 2d 607 · District Court, M.D. North Carolina · Jan 4, 2005

Defendants’ primary argument here is that they are all entitled to qualified immunity. … Qualified immunity prevents recovery of damages from government officials performing discretionary functions and remains in place as long as their conduct does not violate clearly established statutory or constitutional rights

Pettiford v. City of Greensboro

556 F. Supp. 2d 512 · District Court, M.D. North Carolina · May 30, 2008

First, the City seeks immunity, at least in part, for the investigative functions “normally performed by a detective or police officer.” (Doc. 10 at 2-5.) These functions are subject, at best, to qualified immunity. … [qualified immunity] of its officers or agents as a defense to liability under § 1983.” Owen v. City of Independence, 445 U.S. 622, 638 , 100 S.Ct. 1398 , 63 L.Ed.2d 673 (1980).

Theard v. United States Army

653 F. Supp. 536 · District Court, M.D. North Carolina · Jan 15, 1987

Defendant invokes its sovereign immunity. … of immunity are to be strictly construed.

Davis v. Blanchard

175 F. Supp. 3d 581 · District Court, M.D. North Carolina · Mar 29, 2016

immunity would generally apply. … Thus, the key issue is the legitimacy of Plaintiffs argument, that the clearly established two-year statute of limitations does not apply.

McFadyen v. Duke University

786 F. Supp. 2d 887 · District Court, M.D. North Carolina · Mar 31, 2011

Under the doctrine of qualified immunity, even if the violation of a constitutional right is established on the facts alleged, “courts must consider whether the right was clearly established at the time such that it would … In addition, at this stage in the case, there are sufficient grounds to conclude that this right was clearly established, and any further qualified immunity analysis would be more appropriate at summary judgment on a factual

Waller v. Butkovich

584 F. Supp. 909 · District Court, M.D. North Carolina · Apr 17, 1984

The issue addressed in Harlow was a government official’s claim of qualified immunity, raised in a motion for summary judgment. … As discussed supra, the burden to plead qualified immunity lies with the defendants.

Syngenta Crop Protection, Inc. v. United States Environmental Protection Agency

202 F. Supp. 2d 437 · District Court, M.D. North Carolina · Apr 11, 2002

Legislative history cannot supplement the statutory text and provide a waiver when the text of the statute does not clearly state that sovereign immunity has been waived. … Furthermore, "qualify” is a synonym for entitled. Id.

Campbell v. Town of Southern Pines

401 F. Supp. 2d 480 · District Court, M.D. North Carolina · Nov 21, 2005

Defendants also briefly raised a defense of qualified immunity, but the Court rejected it by pointing to Beardsley v. Webb, 30 F.3d 524, 530-31 (4th Cir.1994). … Galloway and Klingenschmidt now contend that the Court’s decision not to grant *484 their request for qualified immunity was incorrect and ask that the Court reconsider that part of its prior decision.

Howard v. Food Lion, Inc.

232 F. Supp. 2d 585 · District Court, M.D. North Carolina · Oct 23, 2002

Illinois State Bd. of Elections, 268 F.3d 517 , 522 (7th Cir.2001) (concluding that members of the state board of elections qualified for absolute immunity); Jones v. … To qualify for injunctive relief, a plaintiff must establish that she has sustained "irreparable injury, a requirement that cannot be met where there is no showing of any real or immediate threat that the plaintiff will be

Hinton v. Conner

366 F. Supp. 2d 297 · District Court, M.D. North Carolina · Mar 16, 2005

Hinton’s constitutional claims on the basis of qualified immunity. … Accordingly, the individual defendants’ motion for summary judgment on the basis of qualified immunity is DENIED. VIII.

Costello v. UNIVERSITY OF N. CAR. AT GREENSBORO

394 F. Supp. 2d 752 · District Court, M.D. North Carolina · Jun 29, 2005

A motion to amend is futile, and thus should be denied, if the proposed amendment "is clearly insufficient because of substantive or procedural considerations." Goewey v. … Thus, the Eleventh Amendment *757 bars Plaintiff's claim for violation of Title II of the ADA unless Congress clearly and validly abrogated the state's immunity. In Wessel v.

Johnson v. NORTH CAROLINA DEPT. OF HEALTH

454 F. Supp. 2d 467 · District Court, M.D. North Carolina · Sep 29, 2006

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 failure to state a claim under … It is also well established that this immunity extends to any state instrumentality that is considered an "arm of the State." Regents of the Univ. of Cal. v.

Research Triangle Institute v. Board of Governors of the Federal Reserve System

962 F. Supp. 61 · District Court, M.D. North Carolina · Feb 14, 1997

. § 1331 , “[t]he federal question jurisdictional statute is not a general waiver of sovereign immunity; it merely establishes a subject matter that is within the competence of federal courts to entertain.” Whittle v. … Here, Plaintiff has instituted its action against the Board, an entity clearly separate from the Federal Reserve Banks (“Banks”).

TEMPLETON

District Court, M.D. North Carolina · Jun 18, 2026

In asserting qualified immunity, Defendants challenge both prongs of the defense. … In determining whether a right is clearly established, the court is “not to define clearly established law at a high level of generality.” Byers v.

ROGERS v. NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY

District Court, M.D. North Carolina · Aug 11, 2022

Under the doctrine of qualified immunity, “government officials performing discretionary functions generally ate shielded from liability for civil damages insofar as their conduct does not violate clearly established … Thus, the traditional two-step qualified immunity inquity 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

Alston v. North Carolina a & T State University

304 F. Supp. 2d 774 · District Court, M.D. North Carolina · Feb 6, 2004

NC A & T qualifies as a state institution. See N.C. Gen.Stat. §§ 150B-2(1a); 116-4; Roberson v. Dale, 464 F.Supp. 680, 689 (M.D.N.C.1979). … 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 failure to state a claim under

HOLMAN

District Court, M.D. North Carolina · Feb 4, 2026

“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 … In evaluating qualified immunity, courts consider “(1) whether the plaintiff has established the violation of a constitutional right, and (2) whether that right was clearly established at the