Case law

State v. Pryor

59 N.C. App. 1 · Court of Appeals of North Carolina · Oct 5, 1982

The State’s evidence clearly supports the inference that defendant intended to aid the perpetrators. … linguae,’ nevertheless, the omission is clearly apparent from the record . . . there must be a new trial.”

Pittman v. Huneycutt

District Court, W.D. North Carolina · Jan 13, 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.”

Berger v. New Hanover Cnty. Bd. of Comm'rs

2013 NCBC 45 · North Carolina Business Court · Sep 5, 2013

Plaintiff acknowledges that North Carolina case law clearly establishes that a witness may offer observations based on personal experience. (Pl.’s Supp. Br. 26.) … An elected official is not necessarily immune from the government’s power to respond simply because he was elected.

Davidson County v. City of High Point

85 N.C. App. 26 · Court of Appeals of North Carolina · Apr 7, 1987

City and county zoning regulations usually do not apply to the State or any of its agencies or political subdivisions unless the *38 Legislature has clearly manifested a contrary intent. McQuillin Mun. … The same zoning restrictions do not apply, however, to the construction, establishment, enlargement, improvement, maintenance, ownership or operation of a public enterprise unless the Legislature has clearly manifested a

Askew v. . Reynolds

18 N.C. 367 · Supreme Court of North Carolina · Dec 5, 1835

The plaintiff offered evidence, tending to remove the legal presumption, and to establish an actual Iona fide intention, which was properly submitted to the jury. … , or tended to qualify and characterise, the very fact to be investigated.

Williams v. Ishee

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

JACKSON v. OXENDINE

District Court, M.D. North Carolina · Aug 15, 2025

Plaintiff argues that Defendants are not entitled to qualified immunity because they intentionally violated Plaintiff’s clearly established constitutional rights, were motivated by malicious intent, and willingly violated … Thus, the traditional two-step qualified immunity inquiry requires a court to determine: “(1) whether the official violated a constitutional right; and if so, (2) whether the right was ‘clearly established’ at the time

Key v. . Board of Education

170 N.C. 123 · Supreme Court of North Carolina · Nov 17, 1915

The complaint alleged that the said district was duly established in 1908 and had continued to operate under the law, section 4115, Revisal, *Page 172 until the present year, when a petition, signed by two-thirds of the qualified … The authorities cited in the learned brief of counsel for appellee were cases where the powers conferred were held to be purely ministerial and the right to mandamus was very clearly established.

Leonard v. Bell

Court of Appeals of North Carolina · Aug 4, 2020

Defendants appealed the trial court’s denial of their motion to dismiss based upon public official immunity, and this Court affirmed. … BELL Opinion of the Court Carolina Department of Correction Immunization Record/T.B.

HARRINGTON v. SOUTHERN HEALTH PARTNERS, INC.

District Court, M.D. North Carolina · May 11, 2023

is clearly not applicable or for which, after the defense is asserted, a immunity not to be applicable. … of governmental immunity is clearly not applicable” did not waive governmental immunity).

Dail v. . Jones

85 N.C. 221 · Supreme Court of North Carolina · Oct 5, 1881

This evidence was offered to show that the-grantor intended by the deed to convey a present interest to the plaintiff and his wife, and for that purpose was clearly incompetent because it would contradict the deed, and the … It is too well settled by numerous adjudications in this state to admit of serious argument to the contrary, and.upon this well established principle it has been repeatedly held that a reservation of a life estate in chattels

United States v. State of North Carolina

400 F. Supp. 343 · District Court, E.D. North Carolina · Aug 27, 1975

The consequences are ameliorated by the establishment of an alternate way to achieve licensing. … Where that point is—whether at 950 or some other score—is not established by the record. 5.

Morris v. Southeastern Orthopedics Sports Medicine

199 N.C. App. 425 · Court of Appeals of North Carolina · Sep 1, 2009

[establish an appropriate schedule for designating expert witnesses, consistent with a discovery schedule . . .; and [establish by order an appropriate discovery schedule designated so that, unless good cause is *435 shown … Plaintiff’s complaint clearly asserts Rule 9(j) compliance on its face, but “it is also now well established that even when a complaint facially complies with Rule 9(j) by including a statement pursuant to Rule 9(j), if discovery

Carroll v. Herring

180 N.C. 369 · Supreme Court of North Carolina · Nov 17, 1920

The last clause in the above item, by which this 37 acres of land was devised, shows clearly that it was the intention of the grantor for his son, James A. … What words could the testator have used to more clearly express his desire than “Both of said tracts to the said James A.

HERNANDEZ v. REYNOLDS

District Court, M.D. North Carolina · Jun 24, 2025

Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established … Thus, the traditional two-step qualified immunity inquiry requires a court to determine: “(1) whether the official violated a constitutional right; and if so, (2) whether the right was ‘clearly established’ at the time

Ellis v. Masscegee

District Court, W.D. North Carolina · Feb 13, 2024

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

Brown v. . Costen

176 N.C. 63 · Supreme Court of North Carolina · Sep 18, 1918

And a qualified voter at such primary is said to be one who is a qualified voter of the State or who will become one on or before the next general election, and who has "declared and had recorded on the registration book … elections and the State board of elections shall be allowed access to the ballot boxes in such precincts to make a recount and declare the results, which shall be done under such rules as the State board of elections shall establish

BURROUGHS v. THE COUNTY OF ROCKINGHAM

District Court, M.D. North Carolina · Oct 28, 2019

To that end, qualified immunity “shields government officials from liability for civil damages, provided that their conduct does not violate clearly established statutory or constitutional rights within the knowledge of … There remains the question of whether Officer Martin is nonetheless entitled to qualified immunity from suit because “the law did not put [him] on notice that his conduct would be clearly unlawful.”

State v. Hall

224 N.C. 314 · Supreme Court of North Carolina · May 24, 1944

Only in case of failure to establish a violation of law is tbe restoration of the liquor permitted. G. S., 18-13. … Clearly the shipment was being diverted from-permitted channels.

State v. English

95 N.C. App. 611 · Court of Appeals of North Carolina · Sep 19, 1989

Such testimony was clearly instructive to the jury. We find no error in its admission. Finally, defendant assigns as error the admission of evidence of an earlier fire in another house. … Such an inference clearly cannot be supported absent a demonstrable nexus between the defendant and the act sought to be introduced against him. No such nexus is present here.