Case law
Opinions from 1658 to today.
1,198 results
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District Court, W.D. North Carolina · Feb 7, 2024
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
Cited 0 timesUnknownDistrict Court, W.D. North Carolina · Nov 17, 2023
Qualified Immunity Qualified immunity “is an entitlement not to stand trial or face the other burdens of litigation.” Mitchell v. Forsyth, 472 U.S. 511, 526 (1985). … “If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.”
Cited 0 timesUnknownDistrict Court, W.D. North Carolina · Aug 30, 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
Cited 0 timesUnknown534 F. Supp. 808 · District Court, W.D. North Carolina · Mar 30, 1982
Mayor MacCormac further moves individually for summary judgment, alleging that she has qualified immunity from suits against her for actions performed as part of her official duties as mayor. *810 The plaintiff has filed … Moreover, even if the notice to the Commission was made public, there is clearly no “stigmatizing” statement in the report.
Cited 0 timesPublishedDistrict Court, W.D. North Carolina · Feb 12, 2024
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
Cited 0 timesUnknownDistrict Court, W.D. North Carolina · Mar 18, 2024
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
Cited 0 timesUnknownDistrict Court, W.D. North Carolina · Aug 12, 2019
Qualified Immunity Next, the Defendants contend that they are entitled to qualified immunity. … “If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.”
Cited 0 timesUnknownDoe v. The University of North Carolina System
District Court, W.D. North Carolina · Mar 4, 2024
The burden of establishing the defense of qualified immunity “rests with the defendant.” Id. at 305. … A claim should only be dismissed at the 12(b) stage based on qualified immunity if the Court is “unable to say that [Plaintiff] cannot build a factual record to demonstrate that his clearly established . . . rights were
Cited 0 timesUnknown448 F. Supp. 497 · District Court, W.D. North Carolina · Mar 2, 1978
In fact, the Plaintiff expressly alleges that the acts “were in violation of the established Rules and Regulations of the Hickory City Schools Board of Education.” … Strickland, 420 U.S. 308 , 95 S.Ct. 992 , 43 L.Ed.2d 214 (1975), it is difficult to determine the extent of “qualified immunity” granted school officials.
Cited 5 timesPublishedDistrict Court, W.D. North Carolina · Jan 22, 2020
(3) Qualified Immunity The doctrine of qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly … 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
Cited 0 timesUnknownRiley v. Weyerhaeuser Paper Co.
898 F. Supp. 324 · District Court, W.D. North Carolina · Sep 5, 1995
The Court finds that Plaintiff has sufficiently established that he suffers from a disability. Plaintiff next has the burden of establishing that he is otherwise qualified for the position in question. … It does not establish a program of affirmative action favoring employees with handicaps, nor does it establish a policy regarding transfer of disabled individuals.
Cited 13 timesPublishedColeman v. North Carolina Department of Public Safety
District Court, W.D. North Carolina · Aug 24, 2023
Qualified immunity shields “government officials performing discretionary functions…from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Such a right is “clearly established” for qualified immunity purposes by decisions of the U.S. Supreme Court, Fourth Circuit Court of Appeals, or the highest court of the state where the case arose. Wilson v.
Cited 0 timesUnknownDistrict Court, W.D. North Carolina · Aug 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
Cited 0 timesUnknownDoe v. The University of North Carolina System
District Court, W.D. North Carolina · Apr 10, 2024
In so moving, the Defendants asserted the defenses of Eleventh Amendment immunity, sovereign immunity, and qualified immunity with respect to the Plaintiff’s § 1983 claims and state law claims. [See Docs. 32, 34]. … Amendment immunity, and qualified immunity, concluding that the Defendants had not established 2 that they are entitled to such immunities at this stage
Cited 0 timesUnknownRobey v. Charlotte-Mecklenburg Board of Education
District Court, W.D. North Carolina · Aug 30, 2024
McGraw, 125 F.3d 222, 226 (4th Cir. 1997) (declining to consider qualified immunity defense not squarely before the district court and noting “we have refused to consider sua sponte a defense of qualified immunity in … defense of governmental immunity is clearly not applicable or for which, after the defenses is [sic] asserted, a court of competent jurisdiction determines the defense of governmental immunity not to be applicable
Cited 0 timesUnknownDistrict Court, W.D. North Carolina · Jan 15, 2020
they did not violate any clearly established right … (7) Qualified Immunity Defendants argue that qualified immunity shields them from damages in their individual capacities because Plaintiff has not established a clearly
Cited 0 timesUnknownDistrict Court, W.D. North Carolina · May 6, 2022
that the judicial Defendants also enjoy qualified immunity. … In any event, qualified immunity certainly applies here, as there is no clearly established federal law requiring disclosure of judicial votes on non-merits orders. 17
Cited 0 timesUnknownDistrict Court, W.D. North Carolina · Aug 2, 2021
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
Cited 0 timesUnknownDistrict Court, W.D. North Carolina · May 15, 2024
“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.”
Cited 0 timesUnknownDistrict Court, W.D. North Carolina · Dec 29, 2020
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
Cited 0 timesUnknown
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