Case law
Opinions from 1658 to today.
1,198 results
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District 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 · Jun 7, 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 · Jun 3, 2024
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.”
Cited 0 timesUnknownDistrict Court, W.D. North Carolina · Jan 23, 2023
Defendant also argues that qualified immunity bars Plaintiff’s claim against him. [Id. at 4]. … “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.
Cited 0 timesUnknown454 F. Supp. 2d 475 · District Court, W.D. North Carolina · Sep 22, 2006
In what manner this constitutes a decision contrary to clearly established federal law is not presented in the habeas petition. … Moreover, an "unreasonable application” of clearly established federal law is different from an incorrect application thereof. Id.
Cited 4 timesPublishedDistrict Court, W.D. North Carolina · Jun 20, 2024
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.”
Cited 0 timesUnknownJames-Bey v. N.C. Dept. of Public Safety
District Court, W.D. North Carolina · Dec 6, 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 timesUnknownJasmaine a/k/a Duane L. Fox v. Gazoo
District Court, W.D. North Carolina · Jan 25, 2021
Qualified Immunity “Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably believe … “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 timesUnknown266 F. Supp. 2d 440 · District Court, W.D. North Carolina · Jun 9, 2003
Bowman, 98 F.3d 1343 (table), 1996 WL 571135 (6th Cir.1996) (“Release is no longer favored once guilt of a crime has been established.”); United States v. … Moreover, the Fourth Circuit has clearly established that once a guilty plea is entered, even before a *447 magistrate judge, a defendant must present exceptional reasons to support its withdrawal.
Cited 3 timesPublishedThomas S. Ex Rel. Brooks v. Morrow
601 F. Supp. 1055 · District Court, W.D. North Carolina · Sep 18, 1984
Counseling by both male and female therapists regarding conflicts in establishing relationships with both men and women 3. … Lack of funding or of established alternatives is not a factor which may be considered in determining the scope of this constitutional right.
Cited 20 timesPublishedDale v. North Carolina Department of Public Safety
District Court, W.D. North Carolina · Feb 3, 2025
Qualified Immunity “Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably believe … was clearly established at the time of the alleged violation.”
Cited 0 timesUnknownJasmaine f/k/a Duane L. Fox v. Engrime
District Court, W.D. North Carolina · Aug 5, 2020
; and that Defendants are entitled to qualified immunity because they did not violate any of Plaintiff’s clearly established rights. … the Defendants’ entitlement to qualified immunity.
Cited 0 timesUnknown124 F. Supp. 2d 945 · District Court, W.D. North Carolina · Dec 14, 2000
Clearly, Plaintiff has satisfied the first two prongs of this test. Namely, he filed a charge with the EEOC, and he was subsequently fired. See Tinsley, 155 F.3d at 443 . … Improper behavior, such as violating a company’s overtime policy, is not immunized by filing an EEOC charge. Glover v.
Cited 2 timesPublishedDistrict Court, W.D. North Carolina · Oct 24, 2024
Pachtman, 424 U.S. 409, 419 (1976) (discussing prosecutorial immunity); Stump v. Sparkman, 435 U.S. 349, 359 (1996) (discussing judicial immunity); Wiley v. Buncombe County, 846 F.Supp.2d 480, 485 (W.D.N.C. … Mar. 2, 2012) (discussing quasi-judicial immunity).
Cited 0 timesUnknown555 F. Supp. 713 · District Court, W.D. North Carolina · Jan 24, 1983
Rule 4E quite clearly places the burden of microfilming upon the “clerk.” When plaintiff received the directive from the clerk she challenged the propriety of the order. … Defendants have cited no authority for the proposition that judicial immunity bars the requested relief.
Reversed on other grounds by Lewis v. Blackburn, 759 F.2d 1171 (1985)Cited 15 timesPublishedDistrict Court, W.D. North Carolina · Jun 9, 2022
Furthermore, the Court finds that Defendant Hergenrother is entitled to qualified immunity on this claim because it is not clearly established that an inmate letter marked “confidential” that is addressed to the Judicial … Standards Commission qualifies as “legal mail,” such that its opening outside of the Plaintiff’s presence would violate the First Amendment.
Cited 0 timesUnknown188 F. Supp. 44 · District Court, W.D. North Carolina · Sep 8, 1960
The record discloses that on December 18, 1956 plaintiff, at age fifty-five, filed his application to establish disability and his disability insurance benefits. … In order to qualify for disability benefits, the plaintiff must show that his claimed disability arose during the time when the earnings requirments of the Social Security Act are met.
Cited 3 timesPublishedDistrict Court, W.D. North Carolina · Sep 7, 2022
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 · Jan 13, 2026
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 timesUnknownDistrict Court, W.D. North Carolina · Jul 17, 2019
The Tort Claims Act establishes the Industrial Commission as the designated court for “the purpose of hearing and passing upon tort claims against [state agencies].” N.C. GEN. STAT. § 143-291(a) (2017). … Plaintiff presents no case law to support this claim, and Plaintiff’s position is clearly contrary to well-established case law that the State of North Carolina has not waived sovereign immunity for intentional torts.
Cited 0 timesUnknown
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