Case law

Mandsager v. UNIV. OF NORTH CAROLINA AT GREENSBORO

269 F. Supp. 2d 662 · District Court, M.D. North Carolina · Jul 1, 2003

Qualified immunity protects government officials from liability under § 1983 so long as the conduct of the official “does not violate clearly established statutory or constitutional rights of which a reasonable person would … To evaluate a claim of qualified immunity, it is necessary to determine whether the plaintiff has alleged the deprivation of an actual constitutional right, and then determine whether that right was “clearly established at

Jennings v. UNIVERSITY OF N. CAR AT CHAPEL HILL

240 F. Supp. 2d 492 · District Court, M.D. North Carolina · Nov 13, 2002

Dorrance is entitled to qualified immunity. [8] Qualified immunity protects government officials from liability under § 1983 so long as the conduct of the official "does not violate clearly established statutory or constitutional … In regard to the qualified immunity claims of Defendants Hooker, Ehringhaus, Baddour, Miller, and Swofford, supervisory liability was clearly established under § 1983 at the time of their alleged conduct.

Myers v. Town of Landis

957 F. Supp. 762 · District Court, M.D. North Carolina · Mar 22, 1996

Qualified Immunity Mayor Beaver has asserted qualified immunity as a defense to personal liability. … for summary judgment on the ground of qualified immunity will be denied.

Craig Ex Rel. Craig v. New Hanover County Board of Education

185 N.C. App. 651 · Court of Appeals of North Carolina · Sep 4, 2007

Both parties agree, as do this Court’s prior holdings, that the purchase of insurance through NCSBT does not constitute waiver because NCSBT does not qualify as liability insurance under the definition given in N.C. … Clearly, the Court is using “adequate remedy” to mean “available, existing, applicable remedy.” Such a remedy is available here in the form of a common-law negligence claim. *657 III.

Pangburn v. Saad

73 N.C. App. 336 · Court of Appeals of North Carolina · Mar 5, 1985

In both the Bellavance and Leverett cases, supra, the applicable statutes granted only a qualified immunity to the individual physicians. … Sec. 122-24 was intended to create a qualified immunity for those state employees it protects, extending only to their ordinary negligent acts.

Murray v. Justice

96 N.C. App. 169 · Court of Appeals of North Carolina · Nov 7, 1989

Ed. 2d 396 (1982) to refute the defendant’s contention that his action should at least be afforded qualified immunity as a quasi-judicial function if he was not given absolute immunity. … The United States Supreme Court held that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Bennett v. Monette

507 F. Supp. 2d 514 · District Court, E.D. North Carolina · Aug 8, 2007

The doctrine of qualified immunity shields public officials “from civil liability insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … Alternatively, even assuming plaintiff established a constitutional violation, plaintiffs claim fails on the second prong of the qualified immunity analysis.

Hwang v. Cairns

Supreme Court of North Carolina · May 23, 2025

Cairns is entitled to qualified immunity or whether Dr. … Even if qualified privilege applies, Dr.

Andrews v. Crump

984 F. Supp. 393 · District Court, W.D. North Carolina · Oct 16, 1996

QUALIFIED IMMUNITY AS TO CONTINUING SEIZURE. (COUNT TWO: MALICIOUS PROSECUTION.) WHETHER THE RIGHT ALLEGEDLY VIOLATED WAS CLEARLY ESTABLISHED. … Qualified immunity should be granted at summary judgment in this case because the law was not clearly established that filing the tax lien was a seizure implicating the Fourth Amendment, and a reasonable, experienced officer

Ripellino v. North Carolina School Boards Ass'n

158 N.C. App. 423 · Court of Appeals of North Carolina · Jun 17, 2003

A waiver of sovereign immunity must be established by the General Assembly. Wood v. N.C. State Univ., 147 N.C. App. 336, 338 , 556 S.E.2d 38, 40 (2001). … “The concept of sovereign immunity is so firmly established that it should not and cannot be waived by indirection or by procedural rule. Any such change should be by plain, unmistakable mandate of the lawmaking body.”

McIver v. Smith

134 N.C. App. 583 · Court of Appeals of North Carolina · Aug 17, 1999

Plaintiffs contend that the Forsyth County ambulance service is not shielded by governmental immunity because it qualifies as a proprietary function for four reasons. … However, we are of the opinion that the operation of government-operated ambulance services is clearly a government function that should have immunity.

Ford v. CSX Transportation, Inc.

162 F.R.D. 108 · District Court, E.D. North Carolina · Jan 9, 1995

The surveillance materials are, however, entitled to only a qualified immunity since no mental impressions, conclusions, or legal theories of the attorney are implicated. … The qualified immunity can be overcome by a showing of substantial need.

Randleman v. Johnson

162 F. Supp. 3d 482 · District Court, M.D. North Carolina · Feb 17, 2016

Specifically, Sheriff Johnson contends that, while it may have been clearly established that he could not fire a current employee for engaging in constitutionally protected speech, it was not clearly established that he was … Accordingly, Sheriff Johnson is not entitled to qualified immunity on the basis of that argument.

Ingle v. Yelton

345 F. Supp. 2d 578 · District Court, W.D. North Carolina · Nov 19, 2004

Standard of Review The doctrine of qualified immunity protects government officials from civil liability in the performance of discretionary functions where their conduct “does not violate clearly established statutory or … If the Court answers the first inquiry in the affirmative, it must then also find that the right was clearly established before qualified immunity is abrogated. Id.

Schmidt v. Breeden

134 N.C. App. 248 · Court of Appeals of North Carolina · Jul 20, 1999

Notwithstanding, our courts have established that denial of a summary judgment motion grounded upon governmental immunity affects a substantial right and is thereby immediately appealable pursuant to N.C.G.S. § 1-277(a) ( … Certain activities qualify as “clearly governmental such as law enforcement operations and the operation of jails, public libraries, county fire departments, public parks and city garbage services.” Hare, 99 N.C.

Kelly v. Polk Cnty.

257 N.C. App. 952 · Court of Appeals of North Carolina · Feb 6, 2018

Thus, the public official immunity afforded to public officers is qualified. … Plaintiff's complaint thus lacks the facts sufficient to establish a good claim for depriving Deputy Kujawa of his public official immunity protections.

Craig Ex Rel. Craig v. New Hanover County Board of Education

363 N.C. 334 · Supreme Court of North Carolina · Jun 18, 2009

On the other hand, the doctrine of sovereign immunity is not a constitutional right; it is a common law theory or defense established by this Court.... … Nevertheless, as outlined above, this Court did clearly establish the principle that sovereign immunity could not operate to bar direct constitutional claims.

Bradley v. Ramsey

329 F. Supp. 2d 617 · District Court, W.D. North Carolina · Mar 25, 2004

Qualified immunity. The Woodfin Defendants, without citing a single authority, state that the doctrine of qualified immunity protects them from Plaintiffs state .law claims. Their assertion fails for two reasons. … Second, in the motion before the Court, the Defendants attempt to assert the qualified immunity defense only *626 against Bradley’s state law claims. 4 But qualified immunity does not protect governmental officials against

Blackburn v. Trustees of Guilford Technical Community College

822 F. Supp. 2d 539 · District Court, M.D. North Carolina · Sep 30, 2011

Community college employees clearly do not fall within any defined group in sections 126-5(a)(2) or (3). … The court granted the motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) because Blackburn failed to allege that she was a "qualified individual" under the ADA, thus rendering moot the sovereign immunity

Singletary v. Department of Health & Human Services

848 F. Supp. 2d 588 · District Court, E.D. North Carolina · Mar 1, 2012

Dixon in their individual capacities because both are entitled to qualified immunity, (5) to dismiss claims against Phillip R. Dixon in his individual capacity because Ms. … Dixon is entitled to absolute immunity, the Court does not address his affirmative defenses of qualified immunity or for failure to state a claim upon which relief can be granted. III.