Case law

Jones v. City of Burlington

58 N.C. App. 193 · Court of Appeals of North Carolina · Jul 6, 1982

The burden of proving governmental immunity rests with the party asserting such defense. … We have reviewed the findings of fact made by the trial court and find that they clearly support its conclusion that defendant was negligent and that plaintiff was injured as a result of that negligence: The court finds from

Foy v. Foy

69 N.C. App. 213 · Court of Appeals of North Carolina · Jun 19, 1984

The evidence establishes beyond peradventure that defendant has at all times since April, 1977, rendered services to the company which were essential to its operation, and for which defendant could have demanded direct and … Nor does it grant defendant permanent immunity from enforcement of his contrac *217 tual and legal obligations. The assignment of error is without merit.

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

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

Sellers v. Rodriguez

149 N.C. App. 619 · Court of Appeals of North Carolina · Apr 2, 2002

To afford these defendants the opportunity to prepare a proper defense, the complaint should have clearly stated the capacities in which these defendants were being sued. See Mullis v. … ; it is well-established that law enforcement constitutes a governmental function.

Bartley v. City of High Point

Supreme Court of North Carolina · Jun 17, 2022

Conclusion ¶ 33 To establish that Officer Blackman is not entitled to the defense of public official immunity, and thus to defeat his motion for summary judgment, Mr. … City of Virginia Beach, the Fourth Circuit affirmed an award of qualified immunity at the summary judgment stage in an excessive force claim based on unduly tight handcuffing. 817 F.

RPR & Associates v. O'Brien/Atkins Associates, P.A.

24 F. Supp. 2d 515 · District Court, M.D. North Carolina · Apr 3, 1998

Where the defendant has an interest in the subject matter of the contract, he enjoys a qualified immunity for actions taken in furtherance of that interest. Id. … To defeat a non-outsider’s qualified immunity, Plaintiff must produce evidence showing that Defendant acted with legal malice, Varner, 113 N.C.App. at 702 , 440 S.E.2d at 298 , meaning that Defendant exceeded his legal right

Williams v. Holsclaw

128 N.C. App. 205 · Court of Appeals of North Carolina · Jan 6, 1998

Three well established canons of statutory construction coalesce to reveal the legislative intent behind section 20-279.21(b)(3). … The lack of insurance by the municipality qualifies the vehicle as an uninsured vehicle within the meaning of section 20-279.21(b)(3).

State v. Hill

272 N.C. 439 · Supreme Court of North Carolina · Jan 12, 1968

in offenses not clearly described; and any doubt on this point will be resolved in favor of the defendant.” … Obviously, this phrase was intended to qualify and restrict the words “safe 'or vault.”

Battle Ridge Cos. v. Dept. of Transp.

587 S.E.2d 426 · Court of Appeals of North Carolina · Nov 4, 2003

its immunity from suit. … We believe this statute clearly waives the Department's sovereign immunity.

King v. . R. R.

184 N.C. 442 · Supreme Court of North Carolina · Nov 29, 1922

That plaintiff having duly qualified as administrator of deceased, instituted his action against defendant for said alleged negligent killing, and filed his complaint therein, setting forth the occurrence in detail and the … This order, No. 50, upon which appellant chiefly relies, clearly and in express terms contemplates that as a matter of jurisdiction the court may proceed to hear and determine the cause.

Dunlap-Banks v. City of Fayetteville

District Court, E.D. North Carolina · Dec 2, 2024

Government officials are entitled to qualified immunity from civil damages so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … However, to overcome defendants’ qualified immunity defense, plaintiff must also establish that the constitutional right allegedly violated was clearly established at the time.

Fowler v. Alexander

340 F. Supp. 168 · District Court, M.D. North Carolina · Mar 22, 1972

An entirely adequate remedy is clearly available in the General Court of Justice. … The doctrine established by the late Mr.

Rohrer v. City of Gastonia

District Court, W.D. North Carolina · Jul 28, 2025

To overcome qualified immunity, a plaintiff must show “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.” … The Defendants object, arguing the M&R fails to adequately address the second prong of the qualified immunity analysis: whether the allegedly violated right was clearly established. ECF No. 27 at 14–15.

Marlowe v. Piner

119 N.C. App. 125 · Court of Appeals of North Carolina · Jun 6, 1995

If the facts are admitted or established, it is a question of law for the court. Id. However, if the facts are in dispute, the question of probable cause is one of fact for the jury. Id. … Hefner, 235 N.C. 1, 7 , 68 S.E.2d 783, 787-88 (1952) (qualified immunity for public officer sued in individual capacity does not extend to mere employee of governmental entity).

Dalenko v. Stephens

917 F. Supp. 2d 535 · District Court, E.D. North Carolina · Jan 8, 2013

It is well-established that judges, in exercising the authority vested in them, are absolutely immune from civil lawsuits for money damages. Mireles v. … liability if he tried a criminal case because he clearly lacked all subject matter jurisdiction.

Calliste v. The City of Charlotte, North Carolina

District Court, W.D. North Carolina · Sep 28, 2023

in the qualified immunity inquiry is whether that right was “clearly established” when Defendant allegedly violated it. … If both prongs are met—i.e., the officer violated a clearly established constitutional right—then the court will not extend qualified immunity.

Grant v. United States

92 F. Supp. 369 · District Court, E.D. North Carolina · Sep 1, 1950

C., which caused the pollution of the waters in which their cultivated oyster beds had been established, and resulted in the loss of their cultivated oysters.” … On the other hand, assuming that Congress only intended to waive the Government’s immunity, it would have been difficult to find words to express such intention more clearly.

Tyner v. Brunswick County Department of Social Services

776 F. Supp. 2d 133 · District Court, E.D. North Carolina · Mar 2, 2011

Congress unmistakably intended to abrogate the states’ Eleventh Amendment immunity 6 in enacting Title II. … They contend that the affirmative defenses, if established, will eliminate some or all of plaintiffs’ claims. See id., at p. 5.

Harmon v. Buchanan

164 F. Supp. 2d 649 · District Court, W.D. North Carolina · Sep 21, 2001

Leonhardt, 46 F.3d 1130 (table case), 1995 WL 26696 (4th Cir.1995), the Court of Appeals held that, regardless of plaintiffs version of events, a qualified-immunity inquiry (which is identical to the substantive analysis … Plaintiff argues that there are various issues of disputed fact in this case that foreclose summary judgment on qualified immunity grounds. ‡ sfs :fi ‡ t¡s Plaintiffs contentions misconceive the law of qualified immunity.