Case law

Watson v. Commissioners of Pamlico

82 N.C. 17 · Supreme Court of North Carolina · Jan 5, 1880

The county of Pamlico, as laid off and defined by the act of February 8th, 1872, was constituted out of detached portions of Craven and Beaufort counties, and when formed was “invested with all the rights, privileges .and immunities … “To establish a county or incorporate a town is a legislative act,” say the court, and “ consequently the general assembly may exercise this power whenever and in such manner, as in its opinion the public good will thereby

Martinez v. Wake Cty. Bd. of Educ.

258 N.C. App. 466 · Court of Appeals of North Carolina · Mar 20, 2018

“According to well-established North Carolina law, governmental immunity is an immunity from suit rather than a mere defense to liability. … be established under our Tort Claims Act.

Urquhart v. East Carolina School of Medicine

211 N.C. App. 124 · Court of Appeals of North Carolina · Apr 19, 2011

from suit pursuant to the doctrine of sovereign immunity. … On the one hand, the Pitt County civil action initiated by Plaintiff sought recovery of damages from a number of physicians and health care providers who did not qualify as state agencies for purposes of the State Tort Claims

State v. Maynard

65 N.C. App. 81 · Court of Appeals of North Carolina · Nov 15, 1983

The record establishes that the jury was fully informed of the arrangement between the witness Scott and the prosecutor. … The evidence omitted was neither substantive nor clearly exculpatory in nature, tending rather to show bias and interest on the part of the State’s witnesses. The court thus was not required to summarize it. State v.

Mullins Ex Rel. Mullins v. Brody's Store Manager

116 N.C. App. 676 · Court of Appeals of North Carolina · Nov 1, 1994

Therefore, Officer Woolard was entitled to qualified immunity from suit. Accordingly, the trial court erred in concluding that plaintiff was entitled to recover judgment against Officer Woolard for false imprisonment. … Our research has revealed only two cases addressing the issue of punitive damages for false imprisonment in a commercial establishment. In Rogers v. T.J.X.

Brown v. Town of Chapel Hill

233 N.C. App. 257 · Court of Appeals of North Carolina · Apr 1, 2014

However, once plaintiff’s true identity was established, Officer Punk released plaintiff. … With regard to the reasonableness analysis required by Hill , the Fourth Circuit has noted that the qualified immunity reasonableness determination is based on evidence reasonably available to the police officer and in fight

Glenn Ex Rel. Glenn v. City of Raleigh

246 N.C. 469 · Supreme Court of North Carolina · Jun 28, 1957

The chief purpose of a charge is to aid the jury to understand clearly the case, and to arrive at a correct verdict. … "Independently of any question as to the degree of social necessity, we believe that the activities proposed, however qualifying as a public purpose for which the municipality may provide by approval of the people, are too

In Re Judicial Review of Final Agency Decision of N.C. Bd. of Cpa Exam'rs

2017 NCBC 39 · North Carolina Business Court · May 1, 2017

Johnson filed a complaint with the Board alleging that Purvis was not qualified to perform peer audits. 10. … Purvis was determined qualified to perform the peer review services provided to [the Firm,]” but that Purvis’s complaint against Johnson “has been held open.” (OR 27.)

Dalenko v. Wake County Department of Human Services

157 N.C. App. 49 · Court of Appeals of North Carolina · Apr 1, 2003

Although plaintiff maintains the allegations of the amended complaint establish a “special relationship” between defendants and Dalenko which pierces their immunity, such an exception applies to the public duty doctrine, … Moreover, the complaint alleges Harmon took various actions in her capacity as social worker for DHS that clearly required the exercise of discretion and were not simply ministerial.

State v. Bare

309 N.C. 122 · Supreme Court of North Carolina · Aug 9, 1983

Siskind [defendant’s attorney] asked that I instruct the jury as to the effect of witnesses having immunity or quasi-immunity and the court has refused because there is no evidence any witness has immunity from the State … The defendant contends that the admitted testimony is irrelevant in that it does not tend to establish the probability or improbability of any fact in issue, Rush v.

In Re AP

600 S.E.2d 9 · Court of Appeals of North Carolina · Aug 17, 2004

Accordingly, respondent asserts that "he clearly has a right to pursue the present appeal." However, DSS disputes respondent's assertion. N.C. … The concept of in loco parentis has been addressed in the context of whether parental immunity exists in tort actions. For example, Liner v.

Flood v. Hardy

868 F. Supp. 809 · District Court, E.D. North Carolina · Nov 21, 1994

LIABILITY OF SHERIFF HARDY AND DEPUTY SHERIFF CARTER The defendants Hardy and Carter allege that they are entitled to assert a defense of qualified immunity, and therefore should be granted summary judgment. … Qualified immunity protects government officials from liability when they are performing discretionary governmental duties, so long as their conduct does not take them outside the scope of their duties. Harlow v.

Stahl v. Bowden

Court of Appeals of North Carolina · Oct 20, 2020

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 … A telecommunicator is a “person qualified to provide 911 call taking employed by a PSAP.

Dalenko v. Collier

191 N.C. App. 713 · Court of Appeals of North Carolina · Aug 5, 2008

with judicial immunity. … Plaintiffs complaint alleges conduct which was clearly within the course and scope of the arbitration proceeding.

Moore v. City of Creedmoor

120 N.C. App. 27 · Court of Appeals of North Carolina · Sep 5, 1995

However, as public officials, Seagroves and High “will be personally answerable for damages under section 1983 . . . where qualified immunity is not available to shield [them] from liability for deprivation of federal rights … It is therefore unnecessary to address the issue of qualified immunity. See, e.g., Messick, 110 N.C. App. at 717 , 431 S.E.2d at 495 . A.

Est. of Long v. Fowler

Supreme Court of North Carolina · Aug 13, 2021

“It has long been established that an action cannot be maintained against the State of North Carolina or an agency thereof unless it consents to be sued or upon its waiver of immunity, and that this … This establishes that defendants are agents of NCSU.

Harden v. Texas Department of Transportation (In Re Aer-Aerotron, Inc.)

181 B.R. 268 · United States Bankruptcy Court, E.D. North Carolina · Jan 20, 1995

If an informal proof of claim is sufficient, then clearly DOT has waived its sovereign immunity. The Fourth Circuit has a very broad definition of what constitutes an informal proof of claim. … defined and well established.

Brown v. City of Winston-Salem

171 N.C. App. 266 · Court of Appeals of North Carolina · Jul 5, 2005

privilege or immunity, the general laws shall supersede the charter. … Stat. § 160A-3(c), the statutory provision establishing involuntary annexations supercedes the Charter provision permitting only voluntary annexations.

Harwood v. Johnson

92 N.C. App. 306 · Court of Appeals of North Carolina · Dec 20, 1988

The doctrine of sovereign immunity — that the State cannot be sued in its own courts, or in any other, without its consent — is firmly established in the common law of North Carolina. Orange County v. … of sovereign immunity.

Fothergill v. Jones County Board of Education

841 F. Supp. 2d 915 · District Court, E.D. North Carolina · Jan 8, 2012

The Court held that qualified immunity barred all claims against Defendants in their personal capacities and sovereign immunity barred all claims against the Board. … Plaintiffs have not established a “clear showing” that Matthew’s right to educational opportunity, as defined in Leandro, has been denied by the School Board.