Case law

Doe v. The University of North Carolina System

District Court, W.D. North Carolina · Apr 10, 2024

In so moving, the Defendants asserted the defenses of Eleventh Amendment immunity, sovereign immunity, and qualified immunity with respect to the Plaintiff’s § 1983 claims and state law claims. [See Docs. 32, 34]. … Amendment immunity, and qualified immunity, concluding that the Defendants had not established 2 that they are entitled to such immunities at this stage

Marbury v. Wilerby

District Court, W.D. North Carolina · Aug 2, 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

MCNEILL v. GADDY

District Court, M.D. North Carolina · May 26, 2021

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

Bowers v. City of High Point

339 N.C. 413 · Supreme Court of North Carolina · Dec 30, 1994

The record clearly shows that defendant, through its agent Randall W. … It is a well-established principle that municipalities, as creatures of the State, can exercise only that power which the legislature has conferred upon them.

Hwang v. Cairns

Court of Appeals of North Carolina · Dec 17, 2025

Plaintiff contends that “there is only clear evidence of actual malice by [Defendant], which defeats the qualified immunity.” … “[O]n remand, the trial court must consider the forecast of evidence to determine whether qualified immunity is applicable and whether there is a triable issue of fact for a jury on slander per se.”

Blue v. City of Wilmington

186 N.C. 321 · Supreme Court of North Carolina · Oct 24, 1923

This was clearly a deed of bargain and sale, and, following its execution and delivery, the encampment was established upon said land, and it was used for the specified purpose of an encampment for two or three years, when … This proposition is elaborated and clearly supported by numerous authorities cited ib., at pp. 226 ei seq.

Crocker v. Griffin

204 N.C. App. 210 · Court of Appeals of North Carolina · May 18, 2010

"`The liability clearly does not extend to mere insults, indignities, [and] threats[.]'" Wagoner v. Elkin City Schools' Bd. of Education, 113 N.C. App. 579, 586 , 440 S.E.2d 119, 123 (1994) (citations omitted). … Public Official Immunity Plaintiffs argue the trial court erred by dismissing plaintiffs' claim for NIED against Griffin in her individual capacity under the public official immunity doctrine. We disagree.

Zuzul v. McDonald

98 F. Supp. 3d 852 · District Court, M.D. North Carolina · Mar 31, 2015

“Sovereign immunity is jurisdictional in nature.” Id.; see also United States v. … United States, 158 F.Supp.2d 619, 630 (D.Md.2001) (“When a plaintiff has failed to establish a waiver of sovereign immunity, a federal court lacks jurisdiction to hear the case.” (citing Global Mail Ltd. v. U.S.

State Ex Rel. Utilities Commission v. City Coach Co.

234 N.C. 489 · Supreme Court of North Carolina · Nov 21, 1951

not rendering adequate service, or failed after notice to provide the required service, then it would be the duty of the Commission to grant to the properly qualified applicant franchise to operate. … ‘may refuse to grant’ clearly import the exercise of discretion and judgment.

RPR & Associates, Inc. v. University of North Carolina-Chapel Hill

153 N.C. App. 342 · Court of Appeals of North Carolina · Oct 15, 2002

A right is substantial when it will clearly be lost or irremediably and adversely affected if the order is not reviewed before final judgment. See Cagle v. Teachy, 111 N.C. App. 244, 246 , 431 S.E.2d 801, 802 (1993). … The substantial right at issue was based on the doctrine of sovereign immunity which, defendant asserted, barred plaintiffs suit.

McNeil v. Scotland County

213 F. Supp. 2d 559 · District Court, M.D. North Carolina · May 24, 2002

Even assuming arguendo that Plaintiff has a disability under the ADA, Plaintiff failed to establish that she is a “qualified individual” as defined by the ADA. … Furthermore, “[i]n mandating only those modifications that qualify as reasonable, Congress clearly meant to avoid placing employers in an untenable business position.” Id. (citing Southeastern Community College v.

JORDAN v. CHATHAM COUNTY SCHOOLS

District Court, M.D. North Carolina · Sep 29, 2023

To bring a claim under either statute, a plaintiff must establish: “(1) they have a disability; (2) they are otherwise qualified to receive the benefits of a public service, program, … “A coverage agreement with the North Carolina School Boards Trust [NCSBT] ‘does not waive [sovereign] immunity because the NCSBT does not qualify as liability insurance under section

In re: Cube Yadkin Generation

Court of Appeals of North Carolina · Dec 17, 2019

Effective 26 January 2016, the Commission thus revised its Legally-Enforceable-Obligation test, ordering that for a Qualifying Facility to establish a Legally Enforceable Obligation, the developer of the Qualifying … When it created this test, the Commission provided the following justification for the NOC Form: [U]se of a simple form clearly establishing a [Qualifying Facility’s] commitment to sell its electric

State v. Proctor

62 N.C. App. 233 · Court of Appeals of North Carolina · May 17, 1983

Any officer pursuing an offender outside the corporate limits or extraterritorial jurisdiction of the city shall be entitled to all of the privileges, immunities, and benefits to which he would be entitled if acting within … While Officer Boyles himself was not qualified as an expert witness for purposes of identifying the “controlled” nature of the substance purchased, the State later tendered the testimony of an expert forensic chemist, Ralph

Formyduval v. Britt

177 N.C. App. 654 · Court of Appeals of North Carolina · Jun 6, 2006

Bunn moved to exclude plaintiffs' proposed experts alleging they failed to qualify under N.C. Gen. … The statute clearly and unambiguously applies only to "any complaint alleging medical malpractice by a health care provider." Id. In Thigpen v.

In Re Hughes, by and Through Ingram

253 N.C. App. 699 · Court of Appeals of North Carolina · Jun 6, 2017

The $10 million appropriated to cover compensation for the victims would clearly not result in compensation approaching $50,000.00 if even 1,500 victims were verified as claimants according to the method of payment established … This option was clearly considered and rejected by the General Assembly.

S.Y. v. Sampson County Board of Education

District Court, E.D. North Carolina · Oct 31, 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 statutory … In analyzing qualified immunity, the court asks (1) “whether the facts that a plaintiff has alleged or shown make out a violation of a constitutional right,” and (2) “whether the right at issue was clearly established at

State v. Locklear

180 N.C. App. 115 · Court of Appeals of North Carolina · Nov 7, 2006

Establishing that Sapp’s testimony was relevant is but a threshold question. … Specifically, defendant assigns error to the flight instruction, the interested witness instruction, the accomplice testimony instruction, the immunity or quasi-immunity instruction, and the intent instruction.

Board of Education v. Board of County Commissioners

174 N.C. 469 · Supreme Court of North Carolina · Nov 7, 1917

The term "uniform" here clearly does not relate to "schools," requiring that each and every school in the same or other districts throughout the State shall be of the same fixed grade, regardless of the age or attainments … of the pupils, but the term has reference to and qualifies the word "system" and is sufficiently complied with where, by statute or authorized regulation of the public-school authorities, provision is made for establishment

Sahoo v. Gleaton

District Court, E.D. North Carolina · Aug 1, 2019

Qualified immunity “shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … And as to qualified immunity, the law was clearly established that “the integrity of one’s family is of the greatest importance” and “a parent is entitled to a hearing initiated by the State before he may be deprived of