Case law

Lanier v. Wycoff

District Court, W.D. North Carolina · Nov 7, 2023

immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful.” … “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

Owen v. Goodwin

District Court, W.D. North Carolina · Sep 29, 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.” Saucier, 533 U.S. at 201.

Baldwin v. Maiden Police Department

District Court, W.D. North Carolina · Dec 2, 2024

Qualified Immunity on all Constitutional Claims All of Plaintiff’s constitutional claims also fail on the grounds that Captain Fletcher is entitled to the qualified immunity which “protects police officers … Also, even if Plaintiff could establish a lack of probable cause, which he cannot, Captain Fletcher would still be entitled to qualified immunity if he “reasonably but mistakenly concluded that probable cause was present

Watkins v. Goodwin

District Court, W.D. North Carolina · Sep 1, 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

Chambers

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.”

Waskey v. Leslie

District Court, W.D. North Carolina · Jul 28, 2021

against the States for conduct that actually violates the Fourteenth Amendment, Title II validly abrogates state sovereign immunity.” … To establish the third element, the Plaintiff must allege that she was excluded from participating in the April 21, 2021 hearing “on the basis of her disability.”

Reid v. Scarborough

District Court, W.D. North Carolina · Sep 24, 2024

The Magistrate Judge found that “the Court is unable to determine whether constitutional violations occurred and whether such alleged violations were clearly established.” (Id. (citing Hupp v. … cannot establish lack of probable cause” and thus, “cannot state a prima facie case of state law malicious prosecution.”

Evans v. Slagle

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 … was clearly established at the time of the alleged violation.”

Byrd v. Hopson

265 F. Supp. 2d 594 · District Court, W.D. North Carolina · May 23, 2003

[H]is actions were reasonable and [Street is] entitled to qualified immunity.... … In excessive force cases, entitlement to qualified immunity must be analyzed in two steps, which are to be “considered in proper sequence.”

Torres v. Ishee

District Court, W.D. North Carolina · Oct 7, 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.”

Fuller v. Clark

District Court, W.D. North Carolina · Aug 29, 2022

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

Boggan v. BellSouth Telecommunications, Inc.

86 F. Supp. 2d 545 · District Court, W.D. North Carolina · Feb 18, 2000

Moreover, “[i]n a failure to promote case, the plaintiff must establish that she was the better qualified candidate for the position sought.” Evans v. Technologies Applications & Serv. … Plaintiff clearly is a member of a protected class who applied for the position of electronic technician. However, the remainder of her evidence falls far short of establishing a prime facie case.

Dalton v. Liles

District Court, W.D. North Carolina · Aug 9, 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

Watson v. Clelland

District Court, W.D. North Carolina · Aug 16, 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

Crawford v. Abdleghafar

District Court, W.D. North Carolina · Aug 2, 2021

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 … Because the forecast of evidence here, taken in the light most favorable to the Plaintiff, would tend to show that Defendant’s conduct violated a clearly established constitutional right, Defendant is not entitled to summary

Aiken v. Hall

District Court, W.D. North Carolina · Dec 13, 2019

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 … Defendant Lee, therefore, is entitled to qualified immunity if either her conduct did not violate any constitutional rights, or the right was not clearly established. Pearson v. Callahan, 555 U.S. 223, 232 (2009).

Kifer v. Burroughs

District Court, W.D. North Carolina · Aug 11, 2023

“[Q]ualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established constitutional rights of which a reasonable person would have known.’” … “Generally, where an officer defendant is entitled to qualified immunity for a Section 1983 claim, the officer is likewise entitled to public official immunity on derivative state law claims.” Id.

Watkins v. Blackmon

District Court, W.D. North Carolina · Oct 3, 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

A. G. v. The City of Statesville

District Court, W.D. North Carolina · Jun 23, 2021

Therefore, any harm to L.G. as a consequence of their alleged negligence was clearly “foreseeable” by the teachers – indeed, to the extent it happened they witnessed it in real time. … 12 Under North Carolina law, a local school board does not waive governmental immunity simply by participating in the NCSBT because participation in the NCSBT does not qualify as a purchase of "insurance" under the statute

Bullock El-Bey v. North Carolina Department of Public Safety

District Court, W.D. North Carolina · Jan 27, 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