Case law

Shaw v. Town of Mint Hill

District Court, W.D. North Carolina · May 14, 2024

Therefore, “[u]nless 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.” … Because Plaintiff plausibly alleges that SBI Defendants violated his clearly established constitutional rights, SBI Defendants’ motion to dismiss Plaintiff's negligence claims on public official and qualified immunity grounds

Beatty v. Warren

District Court, W.D. North Carolina · Sep 23, 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.”

United States Ex Rel. Lindsey v. Trend Community Mental Health Services

88 F. Supp. 2d 475 · District Court, W.D. North Carolina · Aug 12, 1999

The Fourth Circuit has clearly ruled: *479 [W]e recognize that no court has yet considered the interposition of the Eleventh Amendment to the False Claims Act in the wake of Seminole [Tribe v. … The law has been well established for over 50 years that the damages provided by the Act are not punitive but remedial.

Patton v. Shields

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

Williams v. White

District Court, W.D. North Carolina · Jun 7, 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 … Moreover, these rights were clearly established at the time of the incident. Siciak, therefore, is not entitled to qualified immunity on these claims.

Thurston v. Avery County Sheriff's Office

District Court, W.D. North Carolina · Mar 22, 2021

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 … Triveline, 661 F.3d 9 In determining qualified immunity, the Court must consider the particular facts of the case and the totality of the circumstances in determining whether the law was so clearly established that a

Goodman v. Moose

District Court, W.D. North Carolina · Nov 12, 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.”

Jasmaine f/k/a Duane L. Fox v. Haynes

District Court, W.D. North Carolina · Aug 10, 2020

Qualified Immunity Qualified immunity “shields police officers who commit constitutional violations from liability when, based on clearly established law, they could reasonably … Defendants Lassiter, Grand, Copple, and Young assert that they are entitled to qualified immunity because they did not violate any of Plaintiff’s clearly established constitutional or statutory rights.

Medina v. United States

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

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

Mobley v. Henderson County Sheriff's Department

District Court, W.D. North Carolina · Feb 10, 2021

Defendant also claims that he is entitled to qualified immunity because Plaintiff cannot show that Defendant’s “limited use of force” violated any clearly established rights. [Doc. 25 at 16]. … “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.

Mackey v. City of Gastonia

District Court, W.D. North Carolina · Nov 14, 2022

If so, the Court must then determine whether the right was clearly established. Id. … The Court finds that Officer Fulton’s conduct was not in violation of clearly established law. Accordingly, he is entitled to qualified immunity. C. Excessive Force in Violation of N.C. Gen.

Cole v. Weatherman

District Court, W.D. North Carolina · Mar 2, 2020

Qualified immunity protects government actors “who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful.” Liverman v. … For qualified immunity to apply, a government official must show “either that no constitutional violation occurred or that the right violated was not clearly established at the time it was violated.”

Roe v. Charlotte-Mecklenburg Board of Education

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

“Qualified immunity protects officials ‘who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful.’” Booker v. … In determining whether qualified immunity shields a defendant from suit, courts employ a two-step inquiry.

Pace

District Court, W.D. North Carolina · Jun 9, 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.”

Crosby v. CITY OF GASTONIA

682 F. Supp. 2d 537 · District Court, W.D. North Carolina · Jan 7, 2010

civil tort immunity by purchasing liability insurance. … “It is well established that unsworn, unauthenticated documents cannot be considered on a motion for summary judgment.

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

Wright v. Hamilton

District Court, W.D. North Carolina · Feb 14, 2022

from liability by qualified immunity. … Qualified Immunity “Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably

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.”

King-El v. Wilson

District Court, W.D. North Carolina · Feb 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

Thompson v. City of Charlotte

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

The Court finds that, alternatively, Venant is entitled to qualified immunity because he did not violate Mr. Thompson’s clearly established rights. Torchinsky v. Siwinski, 942 F.2d 257, 261 (4th Cir. 1991). … to qualified immunity.