Case law

Braswell v. Haywood Regional Medical Center

352 F. Supp. 2d 639 · District Court, W.D. North Carolina · Jan 14, 2005

Qualified Immunity In the alternative, Defendant asserts it is entitled to qualified immunity. While § 1983 “on its face admits of no immunities^] ... … Qualified Immunity under the HCQIA While the Court has determined that the HCQIA qualified immunity is not applicable to Plaintiffs § 1983 claims, it still may be available to the Defendants against the Plaintiffs state law

Ripellino v. SCHOOL BOARD ASS'N, INC.

581 S.E.2d 88 · 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."

Hallman v. Charlotte-Mecklenburg Board of Education

124 N.C. App. 435 · Court of Appeals of North Carolina · Nov 5, 1996

authorized to execute insurance contracts in this State or by a qualified insurer as determined by the Department of Insurance . . . .” … Defendant Board has established the complete defense of governmental immunity.

Brown v. North Carolina Division of Motor Vehicles

987 F. Supp. 451 · District Court, E.D. North Carolina · Nov 28, 1997

The Supreme Court has dramatically broadened the scope of the Eleventh Amendment’s reach, however, creating immunity even in cases clearly *454 outside the plain language of the Amendment. Since Hans v. … It is well-established that “an uneonsenting State is immune from suits brought in federal courts by her own citizens as well as by citizens of another State.” Puerto Rico Aqueduct and Sewer Auth. v.

Northwestern Financial Group, Inc. v. County of Gaston

110 N.C. App. 531 · Court of Appeals of North Carolina · Jun 15, 1993

However, we need not address this part of defendants’ appeal because the issues of qualified immunity and absolute immunity are not properly before this Court. … In their brief, defendants expressly abandoned their qualified immunity defense, choosing to rely exclusively on absolute immunity.

Hines v. Yates

171 N.C. App. 150 · Court of Appeals of North Carolina · Jul 5, 2005

Defendants answered and asserted *155 defenses of sovereign immunity, qualified immunity, and that plaintiff was an “at will employee.” Defendants moved for summary judgment. … Hurley argues public official immunity and qualified immunity bar this claim. “Governmental immunity protects the governmental entity and its officers or employees sued in their ‘official capacity.’ ” Taylor v.

Penland v. Long

922 F. Supp. 1085 · District Court, W.D. North Carolina · Feb 26, 1996

Qualified Immunity. … Immunity may thus be established either on the basis that the right allegedly (or actually) violated was not at the time one “clearly established,” or that, though “clearly established” (and violated), it was one that a “

Burch v. NC Department of Public Safety

158 F. Supp. 3d 449 · District Court, E.D. North Carolina · Jan 19, 2016

Plaintiff also argues against application of sovereign immunity, public official immunity, and qualified immunity. … Government officials are entitled to qualified immunity from civil damages so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Patterson v. Randazzo

160 F. Supp. 3d 849 · District Court, M.D. North Carolina · Feb 4, 2016

Qualified Immunity Even if O’Hal, Randazzo, and Flynt acted unreasonably, they may nevertheless be entitled to summary judgment on the grounds of qualified immunity. … Officers are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Pearson v.

Brown v. North Carolina Department of Environment & Natural Resources

212 N.C. App. 337 · Court of Appeals of North Carolina · Jun 7, 2011

its immunity from suit.” … The decision “whether an employee is exempt under the Act is primarily a question of fact which must be reviewed under the clearly erroneous standard....” Blackmon v.

SMITH v. CITY OF GREENSBORO

District Court, M.D. North Carolina · Mar 25, 2020

However, as the above discussion of qualified immunity makes clear, Plaintiffs have plausibly alleged that the Officers violated Smith’s clearly established right to be free from excessive force. … Clearly Established Right The Paramedics contend that, even if their failure to provide timely aid violated Smith’s rights, they are still entitled to qualified immunity because it was not clearly

The Royal Oak Concerned Citizens Ass'n v. Brunswick Cnty.

233 N.C. App. 145 · Court of Appeals of North Carolina · Apr 1, 2014

Qualified Personnel, Inc., 294 N.C. 200, 208, 240 S.E.2d 338, 343 (1978). … “The burden is on the appellant to establish that a substantial right will be affected unless he is allowed immediate appeal from an interlocutory order.” Embler v. Embler, 143 N.C.

Caudill v. Dellinger

129 N.C. App. 649 · Court of Appeals of North Carolina · Jun 16, 1998

Dellinger pleaded sovereign immunity as an absolute bar to plaintiffs claim, and argues he is entitled to absolute immunity regardless of his intent in discharging plaintiff. … Although Dellinger now argues the defense of qualified immunity, he does not assert that defense in his pleadings and it is not before us. V.

Truesdale v. University of North Carolina

91 N.C. App. 186 · Court of Appeals of North Carolina · Sep 6, 1988

Even then, however, the officials may assert the defense of qualified immunity. Wood v. … To raise the defense, which does not apply to injunc-tive relief, the challenged conduct must not have violated a clearly established constitutional right of which a reasonable person would have known. Harlow v.

Luhmann v. Hoenig

161 N.C. App. 452 · Court of Appeals of North Carolina · Dec 2, 2003

Here, defendants’ answer asserted as the fourth defense “sovereign, governmental, and qualified immunity.” Defendants asserted the immunity found in N.C. Gen. … Defendants’ evidence shows their entitlement to the limited immunity established in N.C. Gen. Stat. § 58-82-5 . Plaintiff argues that N.C. Gen. Stat. § 58-82-5 does not apply and contends that N.C. Gen.

Butterfield v. Gray

Court of Appeals of North Carolina · Oct 5, 2021

“[I]t is well- established that the denial of a motion for summary judgment grounded on governmental immunity affects a substantial right and is immediately appealable[.]” Lucas v. Swain Cnty. … ¶ 18 This Court held that the physicians did not qualify as public officials and accordingly were not entitled to immunity from suit in their individual capacities. Id.

Carter v. Good

951 F. Supp. 1235 · District Court, W.D. North Carolina · Jun 7, 1996

Government officials sued in their individual capacity are protected by qualified immunity as long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … To rule,on qualified immunity, the Court must identify the right violated and determine whether the right was clearly established at the time it was violated. Id., at 795; see also, Pritchett v.

Sheaffer v. County of Chatham

337 F. Supp. 2d 709 · District Court, M.D. North Carolina · Sep 17, 2004

. *722 An inquiry into qualified immunity involves a two-step analysis. … The second step in the qualified immunity analysis requires the court to determine whether the right alleged to have been violated was “clearly established.”

Peverall v. County of Alamance

154 N.C. App. 426 · Court of Appeals of North Carolina · Dec 3, 2002

It is well established that sovereign immunity does not protect the state or its counties against claims brought against them directly under the North Carolina Constitution. … Although neither Simpson nor Bailey directly addressed the question of sovereign immunity, the doctrine clearly did not shield the State from suit in those cases.

Hicks Ex Rel. Hicks v. HALIFAX COUNTY BD. EDUC.

93 F. Supp. 2d 649 · District Court, E.D. North Carolina · Dec 15, 1999

“To be clearly established for purposes of qualified immunity, ‘the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.’ ” Takoma Park, 134 … Lynch, 846 F.2d 960, 962 (4th Cir.1988) (qualified immunity does not preclude claim for injunctive relief).