Case law

Koontz v. City of Winston-Salem

280 N.C. 513 · Supreme Court of North Carolina · Mar 15, 1972

The moving party has the burden of clearly establishing the lack of triable issue, and his papers are carefully scrutinized and those of the opposing party are indulgently regarded. … The case law defining governmental and proprietary powers as relating to municipal corporations is consistent and clearly stated in this and other jurisdictions.

Cox v. Roach

218 N.C. App. 311 · Court of Appeals of North Carolina · Feb 7, 2012

On or about 18 March 2011, defendants Adkins, Schatzman, and Hartford made a motion for summary judgment “based upon the existence of probable cause, public officer’s immunity, [and] qualified immunity[.]” … Only the sovereign’s own consent could qualify the absolute character of that immunity, that the notion that immunity from suit is an attribute of sovereignty is reflected in our cases, and that this explanation adequately

Warren v. NEW HANOVER CTY. BD. OF EDUC.

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.

Atlantic Coast Line Railroad v. State Highway Commission

268 N.C. 92 · Supreme Court of North Carolina · Sep 21, 1966

The Legislature clearly intended the statute to apply to the facts that exist here and provide a remedy such as public safety, convenience and necessity might require. … The law regarding immunity of the State to suit and the exceptions thereto have been concisely and clearly set out by Bobbitt, J. in Teer Company v.

McCullers v. Lewis

265 N.C. App. 216 · Court of Appeals of North Carolina · May 7, 2019

Courts applying this framework have recently held that a defendant seeking to establish public official immunity must demonstrate that all three of the Isenhour factors are present. Leonard v. Bell, ___ N.C. … Exercise of a Portion of the Sovereign Power While the contours of what the sovereign power includes are not clearly defined by our case law, it is evident that a defendant claiming themself a public official for

Greene v. Barrick

198 N.C. App. 647 · Court of Appeals of North Carolina · Aug 4, 2009

(“NETSTAR”) to assist the sheriff’s office in establishing a helicopter program. Deputy Horton acted as an intermediary between Barrick and Sheriff Jones. … This Court has held that “when the moving party claims sovereign, absolute or qualified immunity, the denial of a motion for summary judgment is immediately appealable.” Moore v. Evans, 124 N.C.

State v. Enslin

42 N.C. App. 565 · Court of Appeals of North Carolina · Aug 15, 1979

Defendant also attacks the ordinance on equal protection grounds asserting that the ordinance improperly granted immunity to businesses similarly situated. … The ordinance specifically exempts from the licensing requirements a “regularly established and licensed hospital, sanitarium, nursing home or medical clinic” or an “office or clinic operated by a duly qualified and licensed

Security Mills of Asheville, Inc. v. Wachovia Bank & Trust Co.

281 N.C. 525 · Supreme Court of North Carolina · Jun 16, 1972

Adams, 102 U.S. 66 , 26 L.Ed. 52 , and that the national bank may waive its immunity from suit in other courts, which waiver may be express or implied. First National Bank of Charlotte v. … We decline to give an ambiguous Act of Congress such a construction in the absence of a decision by the Supreme Court of the United States clearly so requiring.

Wood v. Guilford County

355 N.C. 161 · Supreme Court of North Carolina · Feb 1, 2002

Examining the special relationship exception in the context of the present case, we fail to see how, standing alone, plaintiff’s status as an AOC employee working at the courthouse qualifies as “special” for purposes of the … Consequently, we do not address governmental immunity or plaintiffs allegation of waiver of governmental immunity.

Crazie Overstock Promotions, LLC v. State of North Carolina

Supreme Court of North Carolina · Jun 11, 2021

, public official immunity, and qualified immunity and asserting that Crazie Overstock’s request for a declaratory judgment that its Rewards Program did not violate N.C.G.S. § 14-306.4 failed to state a claim … , sovereign immunity, qualified immunity, and estoppel

Sandhill Amusements, Inc. v. Sheriff of Onslow County

236 N.C. App. 340 · Court of Appeals of North Carolina · Sep 5, 2014

“[W]hen [a] motion is made on the grounds of sovereign and qualified immunity,... a denial is immediately appealable, because to force a defendant to proceed with a trial from which he should be immune would vitiate the doctrine … of sovereign immunity.”

Robinson v. E. Carolina Univ.

329 F. Supp. 3d 156 · District Court, E.D. North Carolina · Aug 3, 2018

Because the court determined herein above that defendant MagMutual has HCQIA immunity for submitting the NPDB report pursuant to 42 U.S.C. § 11137 (c), plaintiff has not established a likelihood of success on the merits for … Because the court finds that plaintiff failed to allege a constitutionally protected property or liberty interest, it is unnecessary for the court to address defendant Cook's assertion of qualified immunity.

Anderson v. Assimos

146 N.C. App. 339 · Court of Appeals of North Carolina · Oct 2, 2001

App. 589, 593 , 284 S.E.2d 188, 191 (1981), modified on other grounds, 306 N.C. 364 , 293 S.E.2d 415 (1982), establish a statute of repose, Lamb, 308 N.C. at 444 , 302 S.E.2d at 882 , or establish limited immunities for some … A complaint alleging medical malpractice must: (1) specifically assert the complaint has been reviewed by a person “who is expected to qualify” or who the “complainant will seek to have qualified” as an expert witness under

Chapman v. Pollock

69 N.C. App. 588 · Court of Appeals of North Carolina · Jul 17, 1984

Shahady’s opinions was established. … Even though expert testimony is usually needed to establish what the practices and standards of doctors in a particular specialty and area are, “[w]hen the standard of care . . . is once established, departure therefrom may

Carawan v. Mitchell

District Court, W.D. North Carolina · Aug 14, 2019

To find a right is clearly established does not mean that “the exact conduct at issue [must] have been held unlawful for the law governing an officer’s actions to be clearly established.” Amaechi v. … The right at issue is “clearly established” for qualified immunity purposes if: [t]he contours of the right [are] sufficiently clear that a reasonable official

Beeson v. Palombo

220 N.C. App. 274 · Court of Appeals of North Carolina · May 1, 2012

Standard of Review Defendant’s appeal the trial court’s order denying summary judgment; the standard of review for an order denying summary judgment is well-established: We review a trial court order granting or denying a … Clearly, Mr.

Am. Humanist Ass'n v. Perry

303 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).

Evans v. United Services Automobile Ass'n

142 N.C. App. 18 · Court of Appeals of North Carolina · Feb 6, 2001

The protection given to matters prepared in anticipation of trial, or “work product,” is not a privilege, but a “qualified immunity.” Willis v. Power Co., 291 N.C. 19, 35 , 229 S.E.2d 191, 201 (1976). … Consequently, we do not believe that material prepared in the course of the investigatory process is normally entitled to the Rule 26 qualified work product immunity.

Farmer v. Troy Univ.

Supreme Court of North Carolina · Nov 4, 2022

¶ 11 The doctrine of sovereign immunity, establishing that a sovereign cannot be sued without its consent, see Alden v. … Justice Iredell did, in the light of history and experience and the established order of things, the views of [Hamilton and Iredell] were clearly right,—as the people of the United States in their sovereign

Bynum v. Wilson County

228 N.C. App. 1 · Court of Appeals of North Carolina · Jun 18, 2013

given that the operation of the register of deeds office “is clearly a governmental function for which the county enjoys immunity from suit for negligence.” … According to well-established North Carolina law, a business owner is liable for the negligent maintenance of buildings in which customers may pay their bills. 4 For example, in Lamm v.