Case law

Minyard v. Hooks

District Court, W.D. North Carolina · Sep 18, 2019

To overcome the qualified immunity defense at the summary judgment stage, the plaintiff must have shown facts that make out a violation of a constitutional right, and the right at issue must have been “clearly established … (F) Qualified Immunity Defendants argues that qualified immunity shields them from damages in their individual capacities because Plaintiff has not established a constitutional

Garrett v. Tomas

District Court, W.D. North Carolina · Jun 30, 2021

Whether a constitutionally protected right to continued enrollment at an institution of higher education was “clearly established” at all times relevant to this matter, for purposes of Defendants’ qualified immunity

Pratt v. Robbins

District Court, W.D. North Carolina · Jun 5, 2023

“Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful.” Henry v. … was clearly established at the time of the alleged violation.”

Knibbs v. Momphard

District Court, W.D. North Carolina · Nov 5, 2020

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 person would have … Here, for the Court to find that Deputy Momphard is not entitled to qualified immunity under the undisputed facts of this case, this Court would have to hold that it is clearly established that use of deadly force was

Hughes v. Propst

District Court, W.D. North Carolina · Apr 24, 2023

“Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful.” Henry v. … was clearly established at the time of the alleged violation.”

Shook

District Court, W.D. North Carolina · Jun 2, 2026

Qualified Immunity “Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably … was clearly established at the time of the alleged violation.”

McClellan v. Cothron

District Court, W.D. North Carolina · Mar 14, 2023

Qualified Immunity “Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably … “To determine whether an officer is entitled to qualified immunity, the court must examine (1) whether the plaintiff has demonstrated that the officer violated a constitutional right and (2) whether that right was clearly

Davis

District Court, W.D. North Carolina · Nov 24, 2025

Qualified Immunity “Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably … was clearly established at the time of the alleged violation.”

Norris v. City of Asheville

District Court, W.D. North Carolina · Mar 4, 2024

Given that one of the claims alleged against Defendant McGirt in his individual capacity implicates the violation of a clearly established right, the Court need not reach qualified immunity analyses on the others … As the Plaintiffs have sufficiently alleged the violation of a clearly established right, qualified immunity will be denied at this stage of litigation. B.

McElvine v. Beaver

District Court, W.D. North Carolina · Jan 22, 2020

To overcome the qualified immunity defense at the summary judgment stage, the plaintiff must have shown facts that make out a violation of a constitutional right, and the right at issue must have been “clearly established … To find a right is clearly established does not mean that “the exact conduct at issue [must] have been held unlawful for the law governing an officer’s actions to be clearly established.” Amaechi v.

Baker v. Reid

District Court, W.D. North Carolina · Jun 22, 2022

“Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful.” Henry v. … was clearly established at the time of the alleged violation.”

Price

District Court, W.D. North Carolina · May 20, 2026

Qualified Immunity “Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably … was clearly established at the time of the alleged violation.”

Reid v. Scarborough

District Court, W.D. North Carolina · Aug 12, 2024

However, “[w]hen a government official is sued in their individual capacity, qualified immunity protects them ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a … Thus, “[a]n officer is entitled to qualified immunity unless he (1) ‘violated a federal statutory or constitutional right, and (2) the unlawfulness of [his] conduct was clearly established at the time.’” Hulbert v.

Craven v. Novelli

District Court, W.D. North Carolina · Mar 13, 2023

“Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful.” … Qualified immunity protects officials “who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful.” Henry, 652 F.3d at 531.

Brown

District Court, W.D. North Carolina · Jun 15, 2026

The Defendants nevertheless contend that Defendant Maybin is entitled to qualified immunity on grounds that Maybin’s conduct did not violate a clearly established right. [Doc. 95 at 11-12]. … The Defendants’ Motion is denied as to the Plaintiff’s First Amendment retaliation claim against Defendant Maybin, and the Court concludes that Defendant Maybin is not entitled to qualified immunity for

Kline v. Cleveland County

District Court, W.D. North Carolina · Apr 7, 2020

Qualified Immunity While DSS Defendants are not entitled to absolute immunity for alleged investigative wrongdoing, they may nevertheless be entitled to qualified immunity. … The doctrine of qualified immunity renders government officials immune from suit where their conduct does not clearly violate established statutory or constitutional rights. See Pearson v.

Ramsey v. Schauble

141 F. Supp. 2d 584 · District Court, W.D. North Carolina · Apr 2, 2001

Although the Eleventh Amendment, by its terms, applies only to suits brought against a state by “Citizens of another State,” it is well established that “an unconsenting State is immune from suits brought in federal courts … Rather, a defendant state official must plead Eleventh Amendment immunity.

Benzing v. Treadway

District Court, W.D. North Carolina · Jun 23, 2020

The doctrine of qualified immunity protects government officials from actions for civil damages as long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … The Supreme Court has established a two-pronged test for qualified immunity: “1) whether a constitutional right has been violated on the facts alleged, and 2) whether the right was clearly established at the time so that

Doe v. Charlotte Mecklenburg Board of Education

District Court, W.D. North Carolina · Aug 12, 2022

However, the cases Plaintiff cites regarding qualified immunity do not support her position where, as here, Plaintiff has not alleged the violation of a clearly established right at the time the conduct occurred. … for qualified immunity in a case where the court concluded that there was a clearly established right at the time of the relevant conduct.

Pacheco

District Court, W.D. North Carolina · Dec 29, 2025

Qualified Immunity “Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably believe that … “To determine whether an officer is entitled to qualified immunity, the court must examine (1) whether the plaintiff has demonstrated that the officer violated a constitutional right and (2) whether that right was clearly