Case law

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.

Providence Volunteer Fire Dep't, Inc. v. Town of Weddington

Supreme Court of North Carolina · Aug 19, 2022

, legislative immunity, public official immunity, and qualified immunity. … Thus, the Town does not qualify for governmental immunity under this threshold inquiry.

Dempsey v. Halford

183 N.C. App. 637 · Court of Appeals of North Carolina · Jun 5, 2007

Defendants filed a motion for summary judgment, asserting the grounds of public official immunity, qualified privilege and statutory privilege. By order dated 17 July 2006, the trial court denied defendants’ motion. … On appeal, defendants argue that plaintiff failed to establish actual malice as to either defendant, therefore entitling both to summary judgment on the basis of public official immunity.

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.

Houpe v. City of Statesville

128 N.C. App. 334 · Court of Appeals of North Carolina · Jan 20, 1998

Seeking to establish his status as a non-probationary employee, plaintiff filed a declaratory judgment action 18 February 1994 in Iredell County Superior Court. … Municipalities enjoy no immunity from suit, either absolute or qualified, under § 1983. Hawkins v. State of North Carolina, 117 N.C. App. 615, 625 , 453 S.E.2d 233, 238-39 (1995).

Land v. Whitley

Supreme Court of North Carolina · Oct 17, 2025

Qualified Pers., 294 N.C. 200, 208 (1978)). … WHITLEY Opinion of the Court provides qualifying parties with immunity from civil liability, does not provide immunity from suit.

Massasoit v. Carter

439 F. Supp. 2d 463 · District Court, M.D. North Carolina · Jul 12, 2006

As for Butler’s assertion of qualified immunity, a police officer is immune from claims brought under § 1983 unless his conduct violates “clearly established statutory or constitutional rights of which a reasonable person … Therefore, just as Butler’s qualified immunity claim failed on plaintiffs’ excessive force claims under § 1983, his public officer immunity claim fails as to the state law claims. 4.

Bullard v. Wake County

221 N.C. App. 522 · Court of Appeals of North Carolina · Jul 17, 2012

Turning to the merits of that affirmative defense, it is well established that the mere purchase of insurance standing alone does not waive a county’s sovereign immunity. … The defense of sovereign immunity *528 clearly applies to bar plaintiff's claims.” Id. at 597 , 655 S.E.2d at 924 .

Brown v. NC DEPT. OF ENVIRONMENT

714 S.E.2d 154 · Court of Appeals of North Carolina · Jun 7, 2011

waived 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.

Providence Volunteer Fire Dep't, Inc. v. Town of Weddington

Supreme Court of North Carolina · Aug 19, 2022

, legislative immunity, public official immunity, and qualified immunity. … Thus, the Town does not qualify for governmental immunity under this threshold inquiry.

Owen v. Haywood County

205 N.C. App. 456 · Court of Appeals of North Carolina · Jul 20, 2010

“However, when the motion is made on the grounds of sovereign and qualified immunity, such a denial is immediately appealable, because to force a defendant to proceed with a trial from which he should be immune would vitiate … The insurance policy at issue contained the following exclusion: “this policy provides coverage only for occurrences or wrongful acts for which the defense of governmental immunity is clearly not applicable or for which,

Kling v. Harris Teeter Inc.

338 F. Supp. 2d 667 · District Court, W.D. North Carolina · Nov 21, 2002

Qualified immunity shields government officials from personal liability under § 1983 “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … The purpose of qualified immunity is “to remove most civil liability actions, except those where the official clearly broke the law, from the legal process well in advance of the submission of the facts to. a jury.”

Smith v. McDonald

562 F. Supp. 829 · District Court, M.D. North Carolina · Apr 28, 1983

, McDonald would be clearly entitled to only a qualified privilege. II. … “The decisions in this jurisdiction, as well as others, clearly establish that a publication is libelous per se, or actionable per se, if when considered alone without innuendo: (1) It charges that a person has committed

Yacovelli v. Moeser

324 F. Supp. 2d 760 · District Court, M.D. North Carolina · Jul 7, 2004

A claim can be dismissed on qualified immunity grounds if the allegations of a complaint against a public official fail to state a violation of a clearly-established right. Korb v. … Courts evaluate qualified immunity claims by first determining wheth *765 er the plaintiffs’ allegations, if true, establish the deprivation of a constitutional right. Mellen v.

Oliver v. Baity

208 F. Supp. 3d 681 · District Court, M.D. North Carolina · Sep 23, 2016

Qualified Immunity Finally, the Court notes that, in their Answer, all Defendants have asserted the doctrine of qualified immunity as an affirmative defense to Plaintiff’s federal claims, and the Schatzman Defendants have … Qualified immunity is an “immunity from suit rather than a mere defense to liability ... [which is] effectively lost if a case is erroneously permitted to go to trial.” Mitchell v.

Clayton v. Branson

170 N.C. App. 438 · Court of Appeals of North Carolina · Jun 7, 2005

Thus, “unlike various government officials, municipalities do not enjoy immunity from suit — either absolute or qualified — under § 1983. … We conclude that each of these factors, standing alone or considered collectively, clearly bear a rational relationship to legitimate governmental goals.

Patrick v. Wake County Department of Human Services

188 N.C. App. 592 · Court of Appeals of North Carolina · Feb 5, 2008

Here, defendants’ insurance policy unambiguously states, “this policy provides coverage only for occurrences or wrongful acts for which the defense of governmental immunity is clearly not applicable . ...” … The defense of sovereign immunity clearly applies to bar plaintiff’s claims. The trial court properly granted defendants’ motion for summary judgment. This assignment of error is overruled. D.

Gregory v. Kilbride

150 N.C. App. 601 · Court of Appeals of North Carolina · Jun 18, 2002

Kilbride moved to dismiss the action on the grounds of qualified immunity; the trial court denied that motion as well as Dr. … Kilbride moved for summary judgment based on qualified immunity. The trial court denied the motion for summary judgment. Dr.

Atlantic Coast Conference v. University of Maryland

230 N.C. App. 429 · Court of Appeals of North Carolina · Nov 19, 2013

Qualified Personnel, Inc., 294 N.C. 200, 208 , 240 S.E.2d 338, 343 (1978). … App. 378, 380 , 451 S.E.2d 309, 311 (1994) for the proposition that “when [a] motion is made on the grounds of sovereign and qualified immunity, ... a denial is immediately appeal-able, because to force a defendant to proceed