Case law

Adkins v. Martin

District Court, W.D. North Carolina · Nov 5, 2019

(3) Qualified Immunity The doctrine of qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly … The right at issue is “clearly established” for qualified immunity purposes if: [t]he contours of the right [are] sufficiently clear that a reasonable official

Bartlett

District Court, W.D. North Carolina · Apr 2, 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

Hopper v. Salazar

District Court, W.D. North Carolina · Dec 15, 2022

Qualified immunity shields police officers in their individual capacities from liability unless their conduct constitutes a violation of clearly established constitutional rights of which a reasonable person would have … Under the second prong, a government official is entitled to qualified immunity if the right at issue was not “clearly established at the time of the challenged conduct.” al-Kidd, 563 U.S. at 735.

Carter v. Lassiter

District Court, W.D. North Carolina · Nov 14, 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 … The right at issue is “clearly established” for qualified immunity 11 purposes if:

Herman v. Grier

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 … clearly established violation of law.

Roberts v. Perry

District Court, W.D. North Carolina · Jun 25, 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 … The right at issue is “clearly established” for qualified immunity purposes if: [t]he contours of the right [are] sufficiently clear that a reasonable official

ARGONAUT GREAT CENTRAL INS. CO. v. McDOWELL COUNTY

626 F. Supp. 2d 554 · District Court, W.D. North Carolina · May 20, 2009

Clearly, counsel for plaintiff would not do such things. … Not only is the state court uniquely qualified to determine the issue presented herein, it has already laid the groundwork for decision making inasmuch as it has heard the extensive evidence presented at trial. *566 The natural

Main v. Howell

District Court, W.D. North Carolina · Feb 29, 2024

When, as here, a law enforcement officer is sued in his individual capacity, he is “entitled to invoke qualified immunity, which is ... immunity from suit itself.” Cooper v. … “Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful.” Knibbs v.

Hayes v. City of Charlotte, NC

802 F. Supp. 1361 · District Court, W.D. North Carolina · Sep 1, 1992

He did that solely for the purpose of obtaining three black persons, clearly a discrimination against white officers. … The rights established are personal rights.” Shelley v. Kraemer, 334 U.S. 1, 22 , 68 S.Ct. 836, 846 , 92 L.Ed. 1161 (1948).

Pickens v. Hendricks

District Court, W.D. North Carolina · Apr 25, 2022

Qualified Immunity Qualified immunity “shields police officers who commit constitutional violations from liability when, based on clearly established law, they could reasonably … To determine whether qualified immunity applies, the courts conduct a two-step inquiry, in either order: “(1) whether a constitutional violation occurred; and (2) whether the right was clearly

Greer

District Court, W.D. North Carolina · Aug 6, 2026

“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.”

McConnell v. Watauga County

District Court, W.D. North Carolina · May 31, 2019

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 … Plaintiffs have posed the qualified immunity issue too broadly, stating that the clearly established law is the “constitutional right to be free from arrest and prosecution without probable cause.” (Doc.

Franklin v. City of Charlotte

District Court, W.D. North Carolina · Nov 19, 2021

The Court first confronts the “clearly established” prong. … In two recent per curiam decisions, the Supreme Court reversed denials of qualified immunity because the case law demonstrating “clearly established” law presented insufficiently similar factual circumstances.

Bailey v. Campbell

District Court, W.D. North Carolina · Feb 7, 2024

However, qualified immunity “shields Government officials ‘from liability for [Section 1983] civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights.’” … With respect to the second prong of the qualified immunity analysis, Defendants do not contest that the allegations, if true, would violate Bailey’s clearly established constitutional rights.

Ashby v. City of Charlotte

121 F. Supp. 3d 560 · District Court, W.D. North Carolina · Aug 6, 2015

“While leave to amend should be freely given, it ‘[may] be denied on the ground of futility when the proposed amendment is clearly insufficient or frivolous on its face.’ ” Anand v. … Likewise, the Court finds it unnecessary- to address Defendant Shums’ argument for dismissal on the grounds of qualified immunity. .

Reece v. Horner

District Court, W.D. North Carolina · Jan 29, 2024

public official immunity and qualified immunity – protect them from most of his claims. … “Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Id.

Hall v. Setser

District Court, W.D. North Carolina · May 30, 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.”

Torres v. Davis

District Court, W.D. North Carolina · Jul 21, 2020

Qualified immunity “shields police officers who commit constitutional violations from liability when, based on clearly established law, they could reasonably believe that their actions were lawful.” … Nor has Plaintiff demonstrated that Defendants violated any clearly established right. As such, Defendants are entitled to qualified immunity. See Booker, 855 F.3d at 538.

Groce v. Rapidair, Inc.

305 F. Supp. 1238 · District Court, W.D. North Carolina · Oct 10, 1969

The plaintiff admits that Catherine Brouke Schulte qualified in the State of Virginia as the Administratrix of the estate of her deceased husband, Raymond F. … In order for the plaintiff to come under this immunity waiver he must comply with the provisions of the Act.

Everett v. Vandervelde

District Court, W.D. North Carolina · Feb 5, 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