Case law
Opinions from 1658 to today.
7,266 results
3.53s
122 N.C. App. 507 · Court of Appeals of North Carolina · Jun 4, 1996
It is well-established in North Carolina that the common law doctrine of sovereign immunity “prevents a claim for relief against the State except where the State has consented or waived its immunity.” … We recognize that those activities are discretionary in nature and clearly within the scope of defendant’s official duties.
Reversed on other grounds by Meyer v. Walls, 347 N.C. 97 (1997)Cited 15 timesPublishedRay v. B. Keith Forgy, M.D., P.A.
245 N.C. App. 430 · Court of Appeals of North Carolina · Feb 16, 2016
Lastly, the trial court issued a qualified protective order authorizing the disclosure of log 305 to plaintiffs. … KEITH FORGY, M.D., PA., Opinion of the Court affidavits and the Medical Staff bylaws of Grace to establish that their MRCs qualified as MRCs pursuant to the meaning contemplated
Cited 1 timesPublishedDistrict Court, M.D. North Carolina · Feb 4, 2026
“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … In evaluating qualified immunity, courts consider “(1) whether the plaintiff has established the violation of a constitutional right, and (2) whether that right was clearly established at the
Cited 0 timesUnknownMurray v. Univ. of N.C. at Chapel Hill
246 N.C. App. 86 · Court of Appeals of North Carolina · Mar 1, 2016
Defense counsel clearly argues that plaintiff’s complaint fails to state a claim by “neither alleg[ing] a waiver of immunity nor demonstrat[ing] the basis for such a waiver.” … The record clearly shows defendant raised sovereign immunity at the hearing under Rule 12(b)(6). This issue is properly before this Court.
Cited 7 timesPublishedKawai America Corp. v. University of North Carolina at Chapel Hill
152 N.C. App. 163 · Court of Appeals of North Carolina · Aug 6, 2002
The Act also establishes that the forum for such suits is the Industrial Commission, rather than the State courts. See id. … Our courts have clearly held that any modification or waiver of the doctrine of sovereign immunity must come from the General Assembly. See Blackwelder v.
Cited 32 timesPublished644 F. Supp. 1074 · District Court, M.D. North Carolina · Oct 3, 1986
See also Pangburn, 326 S.E.2d at 371 (chilling effect of liability mitigated by qualified immunity). 8 It is also reasonable to conclude that the federal government, when it subjected itself under the Federal Tort Claims … In Pangburn, the North Carolina Court of Appeals construed a previous immunity statute as providing only qualified immunity to persons deciding whether or not to release mental patients.
Cited 13 timesPublishedCourt of Appeals of North Carolina · Feb 6, 2024
Nonetheless, a party claiming the protection of statutory immunity must satisfy “all of the requirements” of the statute granting the claimed immunity in order to establish a substantial right entitling him to an immediate … The protections against civil liability afforded the health care providers who qualify for the immunity under these statutes are, however, not unlimited. N.C. Gen.
Cited 0 timesPublishedKai-Ling Fu v. Unc Chapel Hill
188 N.C. App. 610 · Court of Appeals of North Carolina · Feb 5, 2008
Boudreau testified that the Army Medical Institute Special Immunizations Program clinic received a risk assessment from Dr. … Fu did not present any objective evidence that the immune response she experienced was related to her 9 March 2004 booster shot, as Dr.
Cited 0 timesPublished293 N.C. 105 · Supreme Court of North Carolina · Jul 14, 1977
Clearly, Taylor v. … Nobles, supra, the work product privilege, like any other qualified privilege, can be waived.
Cited 140 timesPublished34 N.C. App. 416 · Court of Appeals of North Carolina · Nov 16, 1977
When the activity of a governmental entity is clearly governmental in nature, and not proprietary, the rule of sovereign immunity will protect the government from suit. As stated in Moffitt v. … However, this judge-made doctrine is firmly established in our law today, and by legislation has been recognized by the General Assembly as the public policy of the State. See Galligan v.
Cited 6 timesPublishedDistrict Court, W.D. North Carolina · Dec 22, 2025
“Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful.” Henry v. … The law is “clearly established” for qualified immunity purposes by decisions of the U.S. Supreme Court, Fourth Circuit Court of Appeals, or the highest court of the state where the case arose. Wilson v.
Cited 0 timesUnknownDistrict Court, M.D. North Carolina · Mar 31, 2026
established rights.” … Although qualified immunity “is a purely objective analysis, North Carolina's public official immunity doctrine ‘involves a determination of the subjective state of mind of the governmental actor.’”
Cited 0 timesUnknown204 N.C. App. 300 · Court of Appeals of North Carolina · Jun 1, 2010
The Commission’s unchallenged findings of fact establish that the parties clearly intended for Officer Taylor to work the N.C. State football game pursuant to the Agreement. … Substantial Compliance The Commission’s unchallenged and binding findings of fact establish that the parties clearly intended for Officer Taylor to work as a mounted patrol officer with powers of arrest at N.C.
Cited 1 timesPublishedCandillo v. North Carolina Department of Corrections
199 F. Supp. 2d 342 · District Court, M.D. North Carolina · Mar 18, 2002
In addition to the burden-shifting scheme established in McDonnell Douglas Corp. v. … Defendant, however, established a legitimate, nondiscriminatory reason for not promoting Plaintiff by producing evidence that Cox was better qualified for the judicial district manager position. See Amirmokri v.
Cited 8 timesPublished179 N.C. App. 483 · Court of Appeals of North Carolina · Sep 19, 2006
At no time does BMA assert that it is — and clearly it is not — a person aggrieved by a final decision in a contested case, which is a prerequisite for this statute to apply. … This statute clearly is inapplicable as there has been no decision by the Department of Health and Human Services regarding the issuance, denial or withdrawal of a CON.
Cited 8 timesPublished190 N.C. App. 803 · Court of Appeals of North Carolina · Jun 3, 2008
Plaintiff alleged that she has located a person who is reasonably expected to qualify as an expert witness who will testify that Mr. Bishop was alive when defendant May ran over him. … Stat. § 1A-1, Rule 12(c), “on the grounds of collateral estoppel, sovereign immunity, public official immunity, and other forms of governmental immunity.”
Cited 8 timesPublished303 F. Supp. 3d 421 · District Court, E.D. North Carolina · Mar 28, 2018
The court notes that although defendants asserted the affirmative defense of qualified immunity in their answer, they have not argued that they are entitled to qualified immunity in their motion for summary judgment. … Grant , 224 F.3d 293 , 296-97 (4th Cir. 2000) (finding that the defendants waived qualified immunity by failing to pursue it prior to remand even though the defendants technically pled "immunity" in their answer).
Cited 2 timesPublishedCostello v. University of North Carolina
394 F. Supp. 2d 752 · District Court, M.D. North Carolina · Jun 29, 2005
A motion to amend is futile, and thus should be denied, if the proposed amendment “is clearly insufficient because of substantive or procedural considerations.” Goewey v. … Thus, the Eleventh Amendment *757 bars Plaintiffs claim for violation of Title II of the ADA unless Congress clearly and validly abrogated the state’s immunity. In Wessel v.
Cited 1 timesPublished258 N.C. App. 178 · Court of Appeals of North Carolina · Feb 20, 2018
The question left in the wake of Corum is: what qualifies as an “adequate state remedy?” … it possess[ed] [was] more precisely identified as governmental immunity[.]”
Cited 16 timesPublished246 N.C. App. 426 · Court of Appeals of North Carolina · Apr 5, 2016
Law enforcement operations are clearly governmental activities for which a municipality is generally immune. … The unambiguous language in Gaston County’s liability insurance policy clearly preserves the defense of governmental immunity.
Cited 26 timesPublished
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