Case law

Doe v. Charlotte-Mecklenburg Board of Education

222 N.C. App. 359 · Court of Appeals of North Carolina · Aug 21, 2012

According to well-established North Carolina law, governmental immunity is an “ ‘immunity from suit rather than a mere defense to liability!.]’ ” Craig, 363 N.C. at 338 , 678 S.E.2d at 354 (quoting Mitchell v. … The record before us in this case clearly reflects that the Board asserted governmental immunity in its responsive pleading and argued that Plaintiff was not entitled to overcome a governmental immunity bar by asserting constitutional

Theard v. United States Army

653 F. Supp. 536 · District Court, M.D. North Carolina · Jan 15, 1987

Defendant invokes its sovereign immunity. … of immunity are to be strictly construed.

HICKMAN BY WOMBLE v. Fuqua

108 N.C. App. 80 · Court of Appeals of North Carolina · Nov 17, 1992

However, recent case law clearly establishes that if immunity is raised as a grounds for the summary judgment motion, a substantial right is affected and the denial is immediately appealable. Herndon v. … City of Winston-Salem, 332 N.C. 319 , 420 S.E.2d 432 (1992), the Court held that the City of Winston-Salem did not waive its immunity from civil tort liability when it established RAMCO.

Can Am South, LLC v. State, North Carolina Department of Health & Human Services

234 N.C. App. 119 · Court of Appeals of North Carolina · Jun 3, 2014

Sovereign immunity is not merely a defense to a cause of action; it is a bar to actions that requires a plaintiff to establish a waiver of immunity. Arrington v. … discovery, a result that was clearly unintended by the Smith Court when it adopted the doctrine of implied waiver of sovereign immunity in this context.

Kirkman v. Rowan Reg'l Med. Ctr.

Court of Appeals of North Carolina · Nov 7, 2023

On 7 November 2022, the trial court entered an order granting summary judgment to defendants on the grounds that defendants were entitled to qualified immunity in accordance with N.C. Gen. … Stat. § 122C-210.1] was intended to create a qualified immunity for those state employees it protects, extending only to their ordinary negligent acts.

Bailey v. State

330 N.C. 227 · Supreme Court of North Carolina · Dec 6, 1991

Johnson, 821 F.2d 361, 365 (7th Cir. 1987) (to be “clearly established,” the right allegedly violated “must be clearly recognized in existing case law.”). In Swanson v. … V, § 2(1), Secretary Powers properly enforced Chapter 792 because the law in this regard was not “clearly established.”

Davis v. Blanchard

175 F. Supp. 3d 581 · District Court, M.D. North Carolina · Mar 29, 2016

immunity would generally apply. … Thus, the key issue is the legitimacy of Plaintiffs argument, that the clearly established two-year statute of limitations does not apply.

Herndon v. Barrett

101 N.C. App. 636 · Court of Appeals of North Carolina · Feb 19, 1991

However, the denial of a motion for summary judgment “on the grounds of sovereign and qualified immunity is immediately appealable.” Id. at 532, 389 S.E.2d at 599 ; see also Mitchell v. … Sec. 160A-485(a) (1982) establishes an exception to the common-law rule: [Citations omitted.] Any city is authorized to waive its immunity from civil liability in tort by the act of purchasing liability insurance.

Lynn v. Overlook Development

98 N.C. App. 75 · Court of Appeals of North Carolina · Apr 3, 1990

These allegations are therefore sufficient to establish the City’s waiver of immunity within the limited context of Rule 12(b)(6). … . *80 However, plaintiffs’ allegations of the City’s waiver of immunity, coupled with their allegations of inspector Smith’s willful and wanton conduct in the surviving claims against him, clearly state a cognizable claim

Woodard v. North Carolina Local Governmental Employees' Retirement System

110 N.C. App. 83 · Court of Appeals of North Carolina · May 4, 1993

immunity; (4) defendants were protected from suit for any state claims by reason of the doctrine of official immunity; (5) plaintiff had not stated a claim for breach of fiduciary duty against certain defendants; and (6) … plaintiffs suit was barred pursuant to the doctrine of sovereign immunity.

Bunch v. Britton

802 S.E.2d 462 · Court of Appeals of North Carolina · Jun 6, 2017

To establish a waiver of sovereign immunity a plaintiff must specifically allege a waiver in his complaint. … Our Supreme Court emphasized that Corum clearly established the principle that sovereign immunity could not operate to bar direct constitutional claims.

Ponder v. Cobb

257 N.C. 281 · Supreme Court of North Carolina · Jun 15, 1962

Qualified Privilege — In less important matters where the public interest does not require such absolute immunity, the plaintiff will recover in spite of the privilege, if he can prove that the words were not used bona fide … Unless these facts are so established the plaintiffs are not entitled to recover.

Wojsko v. State

47 N.C. App. 605 · Court of Appeals of North Carolina · Jul 15, 1980

that plaintiffs alleged claims are barred by the doctrine of sovereign immunity. … This second claim clearly sounds in tort.

Horne ex rel. Heintzelman v. Town of Blowing Rock

223 N.C. App. 26 · Court of Appeals of North Carolina · Oct 2, 2012

Defendant argues the operation of a public park is a governmental function, thereby entitling it to governmental immunity from plaintiffs’ action, because (1) the legislature has established that operation of a public park … It is well-established that “generally a municipal corporation is immune to suit for negligence of its agents in the performance of its governmental functions.

Syngenta Crop Protection, Inc. v. United States Environmental Protection Agency

202 F. Supp. 2d 437 · District Court, M.D. North Carolina · Apr 11, 2002

Legislative history cannot supplement the statutory text and provide a waiver when the text of the statute does not clearly state that sovereign immunity has been waived. … Furthermore, "qualify” is a synonym for entitled. Id.

Smith v. Phillips

117 N.C. App. 378 · Court of Appeals of North Carolina · Dec 20, 1994

However, when the motion is made on the grounds of sovereign and qualified immunity, such a denial is immediately appeal-able, because to force a defendant to proceed with a trial from which he should be immune would vitiate … It is 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.

Dawes v. Nash County

148 N.C. App. 641 · Court of Appeals of North Carolina · Feb 19, 2002

“Like cities, counties have governmental immunity when engaging in activity that is clearly governmental in nature and not proprietary.” McIver, 134 N.C. App. at 585 , 518 S.E.2d at 524 . … Malpractice” means emergency professional medical services rendered or which should have been rendered to any person or persons (excepting employees of the Participant injured in the course of their employment) by any duly qualified

Moore v. Bennett

777 F. Supp. 2d 969 · District Court, E.D. North Carolina · Mar 23, 2011

Government officials are entitled to qualified immunity from civil damages as long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Defendants are entitled to qualified immunity. b.

Eidogen-Sertanty, Inc. v. Univ. of N.C.

2018 NCBC 127 · North Carolina Business Court · Dec 11, 2018

“The concept of sovereign immunity is so firmly established that it should not and cannot be waived by indirection or by procedural rule. … In short, the TSPA does not clearly or unmistakably waive sovereign immunity for claims of trade-secret misappropriation.

Waller v. Butkovich

584 F. Supp. 909 · District Court, M.D. North Carolina · Apr 17, 1984

The issue addressed in Harlow was a government official’s claim of qualified immunity, raised in a motion for summary judgment. … As discussed supra, the burden to plead qualified immunity lies with the defendants.