Case law

Meinck v. City of Gastonia

263 N.C. App. 414 · Court of Appeals of North Carolina · Jan 2, 2019

(Emphasis supplied) The City contends the quoted endorsement “clearly and unambiguously retains Gastonia’s governmental immunity.” … This hypothetical clause clearly excludes coverage in two separate circumstances: first, where the purchase of liability coverage otherwise would waive sovereign immunity or governmental immunity, which are long-standing

Dammons v. N.C. D.O.C.

North Carolina Industrial Commission · Jun 24, 2005

The pleading alleges facts establishing negligence under the existing common-law doctrine of res ipsa loquitur. 4. … While the Tort Claims Act waives sovereign immunity for the State, the Act does not waive official immunity for public officers.

Robinson v. Nash County

43 N.C. App. 33 · Court of Appeals of North Carolina · Sep 18, 1979

It is well established in this State that counties or municipal corporations have no governmental immunity for activities that are “proprietary” in nature. Bowling v. … In the present case the record establishes that the allegedly negligent acts attributed to the defendant Doughtie were clearly “of a public nature,” Hipp v. Ferrall, supra, imposed by statute, see N.C.

Locus v. Fayetteville State University

102 N.C. App. 522 · Court of Appeals of North Carolina · Apr 16, 1991

The defendants filed an answer to her complaint asserting various defenses, including lack of personal jurisdiction, failure to state a claim upon which relief could be granted, sovereign immunity, qualified immunity and … However, Raintree is clearly distinguishable from the case at hand in that the plaintiff there was found to have waived his objection to the 10-day notice requirement under Rule 56 by fully participating in the hearing and

Rabon v. Rowan Memorial Hospital Incorporated

269 N.C. 1 · Supreme Court of North Carolina · Jan 20, 1967

This approach assumes the donor’s intent and supports only total immunity, but it has not been abandoned when courts have gone from total to qualified immunity. College v. Hughes, supra at 823. … John’s Hosp., 165 Ohio St. 467 , 135 N.E. 2d 410 (immunity totally rejected only as to hospitals; other charities retain qualified immunity); Tomasello v.

Johnson v. North Carolina Department of Health & Human Services

454 F. Supp. 2d 467 · District Court, M.D. North Carolina · Sep 29, 2006

The Fourth Circuit has not conclusively established whether a dismissal based on Eleventh Amendment immunity is a dismissal for lack of subject matter jurisdiction under Rule 12(b)(1) or for failure to state a claim under … It is also well established that this immunity extends to any state instrumentality that is considered an “arm of the State.” Regents of the Univ. of Cal. v.

Satorre v. New Hanover County Board of Commissioners

165 N.C. App. 173 · Court of Appeals of North Carolina · Jul 6, 2004

The County retained a qualified industrial hygienist to investigate the indoor air quality at the Courthouse and to supervise remediation of any problem areas. … Doe clearly holds that operation of a courthouse pursuant to statute is a governmental function. Doe, 144 N.C. App. at 134 , 547 S.E.2d at 126 .

Little v. . Miles

204 N.C. 646 · Supreme Court of North Carolina · May 10, 1933

abridge the privileges or immunities of citizens of the United States. … Its sole purpose was to declare to the several states that whatever rights, as you grant or establish them to your own citizens, or as you limit or qualify or impose restrictions on their exercise, the same, neither more

Weaks v. North Carolina Department of Transportation

761 F. Supp. 2d 289 · District Court, M.D. North Carolina · Jan 25, 2011

Div. of Motor Vehicles, 166 F.3d 698 , 705 (4th Cir.1999) (noting that DMV, “as a department of the state, is immune from suit unless Congress has abrogated that immunity”); Bennett v. N.C. … Technologies Applications & Service Co., 80 F.3d 954, 960 (4th Cir.1996), that a plaintiff “must establish that she was the better qualified candidate for the position sought.” ...

Alexander v. City of Greensboro

762 F. Supp. 2d 764 · District Court, M.D. North Carolina · Jan 5, 2011

Since Plaintiffs have failed to allege facts showing a plausible claim under section 1983 or section 1985(3), it is unnecessary to address Wade’s qualified immunity argument. 15 . … The GPD Defendants have not raised qualified immunity as a defense to any of the federal claims against them. Because qualified immunity is an affirmative defense that must be raised by the defendant, see Henry v.

Lamb v. John Umstead Hospital

19 F. Supp. 2d 498 · District Court, E.D. North Carolina · Sep 1, 1998

For the disabled, the status quo is clearly not non-discriminatory. … Plaintiff has made allegations which, if true, could establish a prima facie case under the ADA.

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

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.

Walker v. Wake Cty. Sheriff's Dep't

Court of Appeals of North Carolina · Aug 2, 2022

¶ 14 Sheriff Defendants have failed to establish that, based solely on the pleadings and as a matter of law, qualified privilege precludes liability for Curry’s email to Crump. … “[A] defendant seeking to establish public official immunity must demonstrate that all three of [these] factors are present.” McCullers v. Lewis, 265 N.C.

McNeill v. Durham County ABC Board

87 N.C. App. 50 · Court of Appeals of North Carolina · Sep 1, 1987

Radtke, a neurologist who treated plaintiff, was not qualified to give an opinion as to the angle and force of the blow to plaintiffs head is likewise meritless. Dr. … likewise waive their immunity by purchasing such insurance.

Anderson ex rel. Jerome v. Town of Andrews

133 N.C. App. 185 · Court of Appeals of North Carolina · May 4, 1999

This Court has previously held that “the denial of a summary judgment motion on the grounds of sovereign and qualified immunity is an exception to the rule and is immediately appealable.” Davis v. … Moreover, defendant town has admitted to the purchase of liability insurance in the amount of one million dollars, thereby establishing defendant town’s entitlement to only partial immunity.

State v. Osborne

372 N.C. 619 · Supreme Court of North Carolina · Aug 16, 2019

We find that the statute clearly contemplates that a large number of these cases will never reach the courtroom halls; hence, the prohibition against charging a person. Commonwealth v. … for limited immunity under this section."

Orange County v. Heath

282 N.C. 292 · Supreme Court of North Carolina · Nov 15, 1972

Clearly a minute change in a procedural rule would not embrace so fundamental a change as to abolish governmental immunity. … 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.

Smith v. Ford Motor Co.

289 N.C. 71 · Supreme Court of North Carolina · Jan 29, 1976

or not, with services rendered by an employee of the establishment and may, in good faith, inform the employer of his reason for so doing. … In so doing, Ford was clearly acting to protect its good will and its interest in its own product. In United States Fidelity and Guaranty Co. v.

Wright v. Gaston County

205 N.C. App. 600 · Court of Appeals of North Carolina · Jul 20, 2010

[C]ounties have governmental immunity when engaging in activ *604 ity that is clearly governmental in nature and not proprietary. … Seacrest, supra, our Supreme Court set forth the test employed where a complaint does not clearly specify whether the defendants are being sued in their individual or official capacities: where the complaint does not clearly

White v. Cochran

229 N.C. App. 183 · Court of Appeals of North Carolina · Aug 20, 2013

“[I]tis generally established that a sheriff is a public official entitled to sovereign immunity and, unless the immunity is waived pursuant to a statute, is protected from suit against him in his official capacity.” … Purchase of a Surety Bond As the record clearly reflects, given that Sheriff Cochran, in compliance with N.C. Gen.