Case law

Word of Faith Fellowship, Inc. v. Rutherford County Department of Social Services

329 F. Supp. 2d 675 · District Court, W.D. North Carolina · Jun 10, 2004

The alleged threats and harassment clearly constitute injuries to Plaintiffs. Therefore, Plaintiffs have properly alleged a cause of action under 42 U.S.C. § 1985 (3). D. Qualified immunity. … toward constitutional rights, those rights must be clearly established.

Johnson v. City of Fayetteville

91 F. Supp. 3d 775 · District Court, E.D. North Carolina · Mar 4, 2015

Qualified immunity provides government officials with immunity from suit for money damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable officer would … Nor can the court answer the second qualified immunity inquiry — whether the right was clearly established at the time of the official’s conduct — in Officer Koehler’s favor. Messerschmidt v.

Williams v. Aaron

District Court, W.D. North Carolina · Jan 18, 2024

The Defendant argues in the Trial Brief that he is entitled to qualified immunity because he did not violate any clearly established right, and that the Plaintiff failed to exhaust his administrative remedies by failing … Alford, 973 F.2d 307, 312 (4th Cir. 1992) (the question of whether a right is clearly established is a question of law for the court to decide).

Clabough

District Court, E.D. North Carolina · Mar 18, 2026

entitled to qualified immunity.”). … Forsythe, 472 U.S. 511, 526 (1985) (“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

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

District Court, W.D. North Carolina · Sep 13, 2021

“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 … Dolgos, 884 F.3d 172, 178 (4th Cir. 2018) (internal quotation marks omitted); see Lovelace, 472 F.3d at 199 (finding that an inmate’s RLUIPA rights were clearly established in 2002 for qualified immunity purposes).

EFIRD v. ROCKINGHAM COUNTY SHERIFF SAMUEL SCOTT PAGE

District Court, M.D. North Carolina · Mar 31, 2025

Further, under Fourth Circuit precedent, where an officer is denied qualified immunity, he is likewise not entitled to public official immunity. See Bailey v. … Kennedy, 349 F.3d 731, 742 (4th Cir. 2003) (noting that North Carolina public official immunity is “unavailable to officers who violate clearly established rights”); Cooper v.

FREEMAN v. SANCHEZ

District Court, M.D. North Carolina · Aug 20, 2025

Qualified Immunity Qualified immunity shields government officials performing discretionary functions from personal liability for civil damages under section 1983 … clearly established right”).

Griffin v. Mortier

District Court, W.D. North Carolina · May 13, 2022

Purnell, 652 F.3d 524, 531 (4th Cir. 2011) (en banc) (“Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their … right and (2) ‘whether that right was clearly established at the time of the alleged violation.’”).

SINGH v. UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL

District Court, M.D. North Carolina · Mar 2, 2023

Finally, the individual capacity claims fail on qualified immunity grounds because the Individual Defendants did not violate a clearly established constitutional right. … Callahan, 555 U.S. 223, 231 (2009) (“Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.”)

Claudio v. United States

836 F. Supp. 1219 · District Court, E.D. North Carolina · Feb 2, 1993

Moreover, even if the asserted right is “clearly established,” the qualified immunity defense still protects the official if “he neither knew nor should have known of the relevant legal standard.” … Rights Clearly Established The First and Fifth Amendment rights to free speech, due process and equal protection certainly are clearly established.

Thompson v. Farmer

945 F. Supp. 109 · District Court, W.D. North Carolina · Aug 28, 1996

Taken together Mitchell and Johnson establish a continuum along which the court makes qualified immunity decisions. … Gilley, 500 U.S. 226 , 111 S.Ct. 1789 , 114 L.Ed.2d 277 (1991) (dismissal on grounds of qualified immunity proper where plaintiff’s complaint did not allege a clearly established’ legal norm or its violation).

Harris v. Mack

District Court, W.D. North Carolina · Sep 20, 2023

Purnell, 652 F.3d 524, 531 (4th Cir. 2011) (en banc) (“Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their … a constitutional right and (2) ‘whether that right was clearly established at the time of the alleged violation.’ ”).

Mallas v. Kolak

721 F. Supp. 748 · District Court, M.D. North Carolina · Sep 13, 1989

of their qualified immunity. … Moreover, the court finds that officials sued for constitutional violations which are not clearly established do not lose their qualified immunity merely because their conduct also violates some statutory or administrative

Barrett v. Board of Education

13 F. Supp. 3d 502 · District Court, E.D. North Carolina · Apr 9, 2014

Qualified immunity. … The last two prongs of the qualified immunity test turn on “the objective legal reasonableness of the action, assessed in light of legal rules that were clearly established at the time it was taken.” Cole v.

Cranford v. Kluttz

278 F. Supp. 3d 848 · District Court, M.D. North Carolina · Sep 30, 2017

established” for qualified immunity purposes. … interest may make it more difficult to find the law ‘clearly established’ when assessing claims of qualified immunity.”); Borucki v.

Hensley v. Suttles

167 F. Supp. 3d 753 · District Court, W.D. North Carolina · Mar 9, 2016

In response, these Defendants claim they are entitled to summary judgment based on qualified immunity. … In their summary judgment opening brief, the Defendants make no arguments beyond public official immunity/qualified immunity.

Bell v. Dawson

144 F. Supp. 2d 454 · District Court, W.D. North Carolina · Apr 20, 2001

As discussed above, government officials performing discretionary functions are entitled to qualified immunity from *461 liability for civil damages to the extent that “their conduct does not violate clearly established statutory … [Qualified immunity is an immunity from suit, and not merely a defense to liability....

Tillery v. Kalinski

District Court, W.D. North Carolina · Jan 23, 2020

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

Price v. Dixon

961 F. Supp. 894 · District Court, E.D. North Carolina · Mar 21, 1997

Qualified immunity operates to release government officials from suit if it cannot be shown that their conduct violated a clearly established constitutional right of which a reasonable person in their position would have … Without expressly deciding this issue, however, the court finds that qualified immunity is appropriate based on the “clearly established law” analysis.

Cooper v. Brunswick County Sheriff's Department

896 F. Supp. 2d 432 · District Court, E.D. North Carolina · Sep 27, 2012

Qualified immunity provides that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or … rules that were clearly established at the time it was taken.”