Case law

Richmond v. City of Asheville

242 N.C. App. 252 · Court of Appeals of North Carolina · Jul 7, 2015

However, the retirement documents submitted to the State Retirement System ("the Retirement System") contain evidence of multiple alterations to make it appear that Clark did qualify for retirement. … Richmond's failure to establish malice, an element of that claim, does not render the remedy inadequate. See, e.g., Rousselo v.

White v. Mote

270 N.C. 544 · Supreme Court of North Carolina · Jun 20, 1967

Further, the physical facts do not establish clearly that no other conclusion might be drawn except a conclusion of excessive speed. … In regard to the defendants’ contention that the municipality had not waived governmental immunity, the statute (G.S. 160-191.1) clearly states: “Such immunity shall be deemed to have been waived in the absence of affirmative

RH Bouligny, Inc. v. United Steelworkers of Amer.

270 N.C. 160 · Supreme Court of North Carolina · May 3, 1967

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 … We now hold that the defense of qualified privilege extends to statements spoken or published in good faith by a labor union in the course of a campaign to solicit members or to establish itself as the authorized representative

Kirkpatrick v. Town of Nags Head

213 N.C. App. 132 · Court of Appeals of North Carolina · Jul 5, 2011

Given these factors and the well-established policy providing for the availability of governmental immunity in the absence of a clear statutory mandate to the contrary, Hodges v. … If no definition is given, non-technical words are to be given their meaning in ordinary speech, unless the context clearly indicates another meaning was intended.

Spruill v. Lake Phelps Volunteer Fire Department, Inc.

351 N.C. 318 · Supreme Court of North Carolina · Feb 4, 2000

Considering this statute as a whole, it establishes immunity for the ordinary negligence of either a rural fire department or a fireman of the department “at the scene.” … When viewed in this context, it clearly appears that immunity would attach to a rural fire department if its acts or omissions complained of were either (1) related to the suppression of a reported fire, or (2) related to

Howard v. Food Lion, Inc.

232 F. Supp. 2d 585 · District Court, M.D. North Carolina · Oct 23, 2002

Illinois State Bd. of Elections, 268 F.3d 517 , 522 (7th Cir.2001) (concluding that members of the state board of elections qualified for absolute immunity); Jones v. … To qualify for injunctive relief, a plaintiff must establish that she has sustained "irreparable injury, a requirement that cannot be met where there is no showing of any real or immediate threat that the plaintiff will be

Bear v. Wydra

48 F. Supp. 2d 516 · District Court, W.D. North Carolina · Feb 11, 1999

Even if this Court were to find that Plaintiffs’ constitutional claims could be brought against Defendants as individuals, qualified immunity would bar such claims. … The Court previously addressed the issue of qualified immunity in its Order filed 26 March 1998.

Area Landscaping, L.L.C. v. Glaxo-Wellcome, Inc.

160 N.C. App. 520 · Court of Appeals of North Carolina · Oct 7, 2003

As this Court explained in a tortious interference with contract case regarding an *524 employment contract: “It is true that so-called ‘non-outsiders’ often enjoy qualified immunity from liability for inducing their corporation … However, the qualified immunity is lost if the non-outsider acts with a wrongful purpose. See Lenzer, 106 N.C. App. at 513 , 418 S.E.2d at 286 .

North Carolina Ex Rel. Taylor v. Carolina Racing Ass'n

241 N.C. 80 · Supreme Court of North Carolina · Nov 10, 1954

gambling and the operation of gambling establishments as inimical to the public morals. … There would seem to be no legal *95 difference if the Morehead City Act had attempted to authorize the establishment of such racing course with its apparati in Clay County upon approval by the qualified voters of the Town

K.H. v. Dixon

Court of Appeals of North Carolina · Oct 1, 2024

This Court has indicated that “[s]overeign 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.” Id. … Thus, plaintiff’s contention falls short of establishing that defendant waived its sovereign immunity.

Davis v. Lewis

376 F. Supp. 3d 629 · District Court, E.D. North Carolina · Mar 22, 2019

Failure to Re-hire To establish a prima face case of failure to rehire, plaintiff must show "(1) he is a member of a protected group; (2) he applied for the position in question; (3) he was qualified for the position; and … "Under the doctrine of sovereign immunity, the State is immune from suit absent waiver of immunity." Meyer v. Walls , 347 N.C. 97 , 104, 489 S.E.2d 880 , 884 (1997) (citing Gammons v. N.C.

Tarantino v. North Carolina

639 F. Supp. 661 · District Court, W.D. North Carolina · Jul 9, 1986

Fitzgerald, Mitchell is immune unless his actions violated clearly established law. Mitchell , 472 U.S. at -, 105 S.Ct. at 2808 . … Since the law was not clearly established at the time of Mitchell’s act, the Court ruled that Mitchell was entitled to summary judgment on the ground of qualified immunity. Baker urges that he is entitled to the same.

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.

Epps v. Duke University, Inc.

122 N.C. App. 198 · Court of Appeals of North Carolina · Apr 16, 1996

However, denial of a motion for summary judgment “ ‘on the grounds of sovereign and qualified immunity is immediately appealable.’ ” Id. (citation omitted). … The foregoing restates the law of official immunity as established by our Supreme Court.

Beck v. City of Durham

154 N.C. App. 221 · Court of Appeals of North Carolina · Dec 3, 2002

The record in the instant case clearly indicates that plaintiff filed his amended complaint approximately four minutes after the hearing on defendants’ motion to dismiss began. … Plaintiff failed to set forth specific facts establishing that these claims were not barred by the statute of limitations. III.

Cabrera v. City of Durham

808 S.E.2d 180 · Court of Appeals of North Carolina · Dec 5, 2017

Chambers further alleged that he was entitled to qualified immunity as a matter of law. The trial court entered a written judgment upon the jury's verdict on 15 December 2015. … Because Chambers' arguments on JNOV with respect to nominal damages and qualified immunity were not raised in defendants' motion for directed verdict, they could not be properly asserted on JNOV.

T&A Amusements, LLC v. McCrory

251 N.C. App. 904 · Court of Appeals of North Carolina · Feb 7, 2017

T&A is a distributor for Crazie Overstock and, as such, is responsible for recruiting persons to operate retail establishments and for helping to set up and service those establishments. … App. 119, 125, 759 S.E.2d 304, 309 (“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.”

Warren v. New Hanover County Board of Education

104 N.C. App. 522 · Court of Appeals of North Carolina · Nov 19, 1991

To establish a cause of action for wrongful discharge or demotion in violation of the employee’s First Amendment rights, the employee must show first “that the speech complained of qualified as protected speech or activity … Additionally, we find it unnecessary to address defendants’ arguments regarding qualified immunity.

DiCesare v. Charlotte-Mecklenburg Hosp. Auth.

Supreme Court of North Carolina · Dec 18, 2020

In light of their belief that “[t]he heart of [the Hospital Authority’s] argument—and central to the [trial court’s] decision—is that as a ‘body corporate and politic’ it qualifies as a public entity and ‘quasi-municipal … The Hospital Authority responds that it “clearly argued below that [p]laintiffs had failed to allege sufficient facts to establish a monopoly,” that it did not advocate the application of the American Motors test, and that

Frink v. Batten

197 N.C. App. 231 · Court of Appeals of North Carolina · May 19, 2009

When the appeal arises from a motion "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 … A North Carolina sheriff is considered a public official for sovereign immunity purposes, which means waiver of immunity must be established. Summey v. Barker, 142 N.C. App. 688, 691 , 544 S.E.2d 262, 265 (2001).