Case law

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.

Jones v. City of Durham

360 N.C. 81 · Supreme Court of North Carolina · Dec 16, 2005

In enacting this statutory exemption to our motor vehicle speed limits, it was clearly the intent of the legislature to extend speed limit exemptions beyond mere police pursuits, to include all emergency service vehicles, … By statute, the North Carolina Criminal Justice Education and Training Standards Commission has the power to establish educational and training standards that must be met in order to qualify and be certified or recertified

Coleman v. Cooper

102 N.C. App. 650 · Court of Appeals of North Carolina · May 7, 1991

Certain activities are clearly governmental such as law' enforcement operations and the operation of jails, public libraries, county fire departments, public parks and city garbage services. … G.S. 108A-1 requires that “[e]very county shall have a board of social services which shall establish county policies for the programs established by this Chapter in conformity with the rules and regulations of the Social

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.

Dalenko v. WAKE COUNTY DEPT. OF HUMAN SERV.

578 S.E.2d 599 · 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.

Gunn v. Padgett

District Court, W.D. North Carolina · Sep 27, 2023

The second prong of the qualified immunity inquiry—whether the constitutional right violated was “clearly established”—is easier for Trooper Padgett to satisfy. … Whether Defendant Padgett is entitled to qualified immunity depends on the level of generality at which Plaintiff’s clearly established Fourth Amendment rights are defined.

RICHARDSON v. WELLPATH HEALTH CARE

District Court, M.D. North Carolina · Jan 10, 2023

immunity shields him from liability. … Johnson, 924 F.3d 104, 119 n.6 (4th Cir. 2019) (“recogniz[ing] the ‘special problem’ raised when the objective qualified immunity standard is applied to an Eighth Amendment violation that

Nello L. Teer Co. v. North Carolina Department of Transportation

175 N.C. App. 705 · Court of Appeals of North Carolina · Feb 7, 2006

As our Supreme Court has explained, “[ordinary statutes of limitation are clearly procedural, affecting only the remedy directly and not the right to recover,” while “a condition precedent establishes a time period in which … Any other conclusion would mean that this aspect of the 1987 amendment was without purpose, and it is well established in this State that amendments are presumed not to be without purpose. Town of Pine Knoll Shores v.

Lanham

District Court, E.D. North Carolina · Mar 2, 2026

Qualified immunity shields government officials from liability for statutory or constitutional violations so long as they can reasonably believe that their conduct does not violate clearly established law. Harlow v. … A court employs a two-step procedure for determining whether qualified immunity applies “that asks first whether a constitutional violation occurred and second whether the right violated was clearly established

Cedarbrook Residential Ctr., Inc. v. N.C. Dep't of Health & Hum. Servs.

Supreme Court of North Carolina · Dec 16, 2022

According to Judge Tyson, “[i]t has long been established that an action cannot be maintained against [a state agency] unless it consents to be sued or upon its waiver of immunity, and that this immunity is … particularly qualified for the purpose.

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.

Wallace v. Board of Trustees

145 N.C. App. 264 · Court of Appeals of North Carolina · Aug 7, 2001

Therefore, at no time has the Petitioner been qualified to receive disability retirement benefits. 4. … We note that although the Board argues that “the State of North Carolina cannot be sued except with its consent or upon its waiver of immunity[ otherwise, this immunity is absolute and unqualified,” it is not personal or

Cedarbrook Residential Ctr., Inc. v. N.C. Dep't of Health & Hum. Servs.

Supreme Court of North Carolina · Dec 16, 2022

According to Judge Tyson, “[i]t has long been established that an action cannot be maintained against [a state agency] unless it consents to be sued or upon its waiver of immunity, and that this immunity is … particularly qualified for the purpose.

Cline v. James Bane Home Bldg.

Court of Appeals of North Carolina · Jun 15, 2021

sovereign, absolute or qualified immunity, the denial of a motion for summary judgment is immediately appealable.” … The insurance policy at issue there contained the following exclusion: “this policy provides coverage only for occurrences or wrongful acts for which the defense of governmental immunity is clearly not applicable

Spruill v. Lake Phelps Volunteer Fire Department, Inc.

132 N.C. App. 104 · Court of Appeals of North Carolina · Jan 19, 1999

suppression of the reported fire or to the direction of traffic or enforcement of traffic laws or ordinances at the scene of or in connection with a fire, accident, or other hazard by the department or the fireman unless it is established … The wording of the statute clearly requires a “reported fire” and an act or omission relating to the “suppression” of the “reported fire” before the limitation of liability applies.

Blanton v. Moses H. Cone Memorial Hospital, Inc.

78 N.C. App. 502 · Court of Appeals of North Carolina · Dec 17, 1985

The Bost opinion clearly stated, however, that the doctrine of corporate negligence had been implicitly accepted and applied in a number of previous decisions. … We further hold that plaintiffs complaint sufficiently establishes a cause of action for which relief can be granted under the doctrine of corporate negligence.

Meinck v. City of Gastonia

819 S.E.2d 353 · Supreme Court of North Carolina · Oct 26, 2018

“Under the doctrine of governmental immunity, a county or municipal corporation ‘is immune from suit for the negligence of its employees in the exercise of governmental functions absent waiver of immunity.’ ” Williams, … Thus, while the applicable statutory provisions are “clearly relevant,” we conclude that the legislature has not “directly resolved” whether defendant’s lease of 212 West Main Avenue to the Art Guild as part of its downtown

BUTLER v. KIMBROUGH

District Court, M.D. North Carolina · Aug 11, 2023

immunity shields him from liability. … Johnson, 924 F.3d 104, 119 n.6 (4th Cir. 2019) (“recogniz[ing] the ‘special problem’ raised when the objective qualified immunity standard is applied to an Eighth Amendment violation that

Dicesare v. Charlotte-Mecklenburg Hosp. Auth.

2019 NCBC 13 · North Carolina Business Court · Feb 27, 2019

“A motion for judgment on the pleadings should not be granted unless the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law.” … Plaintiffs argue that the question of governmental immunity is a fact question. (Mem. Opp’n 13.)

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.