Case law

Teasley v. O'Neal

District Court, E.D. North Carolina · Feb 23, 2023

In assessing qualified immunity, courts employ a two-part test that “asks first whether a constitutional violation occurred and second whether the right violated was clearly established.” Melgar v. … Plaintiff's amended complaint does not allege a clearly established right which defendants violated.

Wilson v. Thomas

43 F. Supp. 3d 628 · District Court, E.D. North Carolina · Aug 20, 2014

Defendants argue that the individual plaintiffs have not established standing because they have not established the existence of a redressable injury. … This is clearly relief that does not require the participation of any individuals.

Jones v. Haire

District Court, W.D. North Carolina · Jun 27, 2022

“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.”

Everette v. Runyon

911 F. Supp. 180 · District Court, E.D. North Carolina · Nov 3, 1995

“For plaintiff to prevail on a discrimination claim, [he] must first establish a four-part prima facie case: (1) that [he] is a member of a protected class; (2) that [he] was qualified for [his] job and [his] job performance … Although plaintiff suffers from a history of ocular disorders, the record clearly indicates that plaintiffs vision is 20/20 in both eyes, with correction in the right eye.

Faison v. Commissioners

171 N.C. 411 · Supreme Court of North Carolina · May 3, 1916

Tbe first position taken by tbe plaintiffs is tbat tbe election beld under tbe act of 1915 is of no effect, as a majority of tbe qualified voters did not cast their- votes “against stock law” in tbe county. … Tbe establishment of a separate taxing district for local purposes does not exempt its inhabitants from any charges for tbe general public good, as, for example, tbe creation of a school district in order to confer special

Riddle v. . Cumberland

180 N.C. 321 · Supreme Court of North Carolina · Nov 10, 1920

It was merely a convenient form of ballot designated to express the will of the qualified voters upon the question submitted to them, and the ballots used by them and the surrounding circumstances show clearly and unmistakably … The entire township was to be established as a single school district, and the vote was to be taken accordingly.

MANNO

District Court, M.D. North Carolina · Feb 23, 2026

qualified immunity. … Qualified immunity shields government officials from liability unless “the official violated a statutory or constitutional right” and “the tight was ‘clearly established’ at the time of the challenged conduct.”

Davis v. Frazier

150 N.C. 447 · Supreme Court of North Carolina · Apr 14, 1909

It does not clearly appear from the testimony that the defendant entered as assignee under this deed; but, assuming this. to be true, we are of opinion that the plaintiff is entitled to have her cause submitted to a jury, … This is clearly illustrated and upheld in the case to which we were referred by counsel, Epperson v. Epperson, Supr. Ct. Va., reported in 62 S. E. 344 .

Cannaday v. Railroad

143 N.C. 439 · Supreme Court of North Carolina · Dec 22, 1906

But the question here is whether the contract or arrangements set up in the affirmative defense is a contract for immunity from damages. … He then proceeds to analyze the terms of the contract, setting forth clearly and forcibly his interpretation of it.

Shipley Ex Rel. Shipley v. U.S. Postal Service

286 F. Supp. 2d 657 · District Court, M.D. North Carolina · Oct 2, 2003

The standard that applies in the context of a Rule 12(b)(1) motion to dismiss is clearly settled. Adams v. Bain, 697 F.2d 1213, 1219 (4th Cir.1982). … It is well established that the United States Government, as sovereign, is immune from suit unless it consents to be sued. Gould v. U.S.

Raybon v. Williamson

District Court, W.D. North Carolina · Jun 11, 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.”

Alvarez v. Davis

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

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

Blackmon v. Holder

District Court, E.D. North Carolina · Sep 11, 2024

Qualified immunity protects government officials performing discretionary functions from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … The court concludes that the officers are entitled to qualified immunity on this claim.

Blue v. Mountaire Farms, Inc.

247 N.C. App. 489 · Court of Appeals of North Carolina · May 17, 2016

Have you ever assigned a task to your mechanics that you did not think they were qualified to do? A. No. Q. At any time did Brian Blue or Clifton Swain express to you any concerns about doing this project? A. … However, as discussed above, the record fails to support Plaintiff’s argument that Mountaire Farms employees were clearly incapable of replacing the votator sleeve.

Baxter v. DANNY NICHOLSON, INC.

363 N.C. 829 · Supreme Court of North Carolina · Mar 12, 2010

It is ordained and established by the people, and all judges are sworn to support it. … For example, it is firmly established that our State Constitution is not a grant of power.

United Artists Records, Inc. v. Eastern Tape Corp.

19 N.C. App. 207 · Court of Appeals of North Carolina · Aug 22, 1973

The last two defenses urged by defendants seek to invoke the well established equitable maxim “he who asks equity must do equity.” … To permit him to escape liability under the facts in this case by wrapping around him the cloak of corporate immunity would thwart the ends of justice and is not in the public interest.

Dillingham v. North Carolina Department of Human Resources

132 N.C. App. 704 · Court of Appeals of North Carolina · Apr 6, 1999

sanction. *707 Irrespective of any reference to “written” documentation, and based solely on the cited Federal regulations, the totality of the evidence and testimony presented supports the essential conclusion that it is not clearly … Transfers Exclusively for a Purpose Other Than to Qualify for Medicaid — -Require the individual to establish, to your satisfaction, that the asset was transferred for a purpose other than to qualify for Medicaid.

State v. . Williams

186 N.C. 627 · Supreme Court of North Carolina · Dec 12, 1923

This was an offer of violence and constituted an assault^ unless there was something accompanying the act which qualified it and indicated that there was no purpose of violence. … If the declaration had been, T intend to strike you,’ that- would not have qualified the act favorably for the defendant. Nor if he had said, ‘I have a mind to strike you.’

Briley v. Farabow

348 N.C. 537 · Supreme Court of North Carolina · Jul 9, 1998

Gatewood’s report failed to establish that he qualified as an expert. Defendants thus asked the court to sustain their objection and exclude Ms. Briley’s affidavit and Dr. Gatewood’s report. … Young’s unexcused negligence, rather than to any mistake,” was clearly based on competent evidence.

STEPHENS v. LEAKE

District Court, M.D. North Carolina · Jan 9, 2024

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