Case law

Woodard v. NC LOCAL GOV. EMP. RETIREMENT SYSTEM

110 N.C. App. 83 · Court of Appeals of North Carolina · May 4, 1993

immunity; (4) defendants were protected from suit for any state claims by reason of the doctrine of *851 official immunity; (5) plaintiff had not stated a claim for breach of fiduciary duty against certain defendants; and … (6) plaintiff's suit was barred pursuant to the doctrine of sovereign immunity.

Debruhl v. Mecklenburg Cnty. Sheriff's Office

259 N.C. App. 50 · Court of Appeals of North Carolina · Apr 17, 2018

Man being what he is cannot safely be trusted with complete immunity from outward responsibility in depriving others of their rights. . . . … The State is not “immune from the historic requirements of fairness - 16 -  DEBRUHL V.

Young v. Woodall

119 N.C. App. 132 · Court of Appeals of North Carolina · Jun 6, 1995

It is well established that law enforcement is a governmental function. Hare v. Butler, 99 N.C. App. 693, 698 , 394 S.E.2d 231, 235 , disc. review denied, 327 N.C. 634 , 399 S.E.2d 121 (1990). … Law enforcement is clearly a governmental function, Hare v. Butler, supra, and Officer Woodall was on duty as a police officer at the time of the collision.

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.

State v. Steele

27 N.C. App. 496 · Court of Appeals of North Carolina · Nov 19, 1975

Our Supreme Court has consistently held that the results of a polygraph test are not admissible in evidence to establish the guilt or innocence of one accused of a crime. State v. … It was further agreed that the polygraph examination would consist of a conference, pretesting, total chart minutes, and interrogation by a qualified polygraph examiner.

Matternes v. City of Winston-Salem

286 N.C. 1 · Supreme Court of North Carolina · Nov 26, 1974

And the Board of Transportation in its discretion may contract with any city or town which it deems qualified and equipped so to do that the city or town shall do the work of maintaining, repairing, improving, constructing … Assuming that the plaintiffs would be able to establish by evidence each of the alleged failures of the city to perform its contract with the Board of Transportation, the plaintiffs would not thereby establish a cause of

Dickson v. Rucho, 366 NC 332

366 N.C. 332 · Supreme Court of North Carolina · Jan 25, 2013

This Court has stated that work-product doctrine is “not a privilege,” but rather a “qualified immunity” that “extends to all materials prepared in anticipation of litigation or for trial.” Willis v. … immunity,” not an absolute shield.

Harden v. Gilbert (In Re International Heritage, Inc.)

239 B.R. 306 · United States Bankruptcy Court, E.D. North Carolina · Aug 27, 1999

The court will first address the issue of sovereign immunity. … Clearly, the State of Montana’s administrative proceeding against the debtors is covered within the scope of § 362(a)(1).

Hernandez

District Court, E.D. North Carolina · Aug 27, 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. … 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.”

Hughes v. Bd. of Trustees Teachers' & State Emps.' Ret. Sys.

Court of Appeals of North Carolina · Nov 19, 2024

“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 immunity is absolute … While this section provides a statute of limitations for actions brought, it does not waive immunity, establish nor provide a cause of action for a pro-active, or an absolute contractual right to cost of living increases

International Longshoremen's Ass'n v. North Carolina State Ports Authority

370 F. Supp. 33 · District Court, E.D. North Carolina · Jan 30, 1974

represented by the plaintiff were “executives” or “officials” of the Ports Authority, and no evidence presented to the NMB indicates that any of the employees involved in this case have attained a rank or status that would qualify … Clearly collective bargaining between carriers and their employees covered by the RLA has the “imprimatur of federal law upon it.” Hanson, supra. In State v. Taylor, 353 U.S. 553 , 77 S.

State v. Parks

96 N.C. App. 589 · Court of Appeals of North Carolina · Dec 19, 1989

This evidence clearly suffices to support the trial court’s determination that the witnesses possessed the requisite level of skill to qualify as experts in child sexual abuse. State v. Bullard, supra. … The testimony under scrutiny here was clearly instructive and helpful to the jury.

Smith v. State

289 N.C. 303 · Supreme Court of North Carolina · Mar 2, 1976

The foregoing statutes clearly make the medical superintendent of a state hospital a state employee. … These must be established at the trial.

Estate of Long v. Fowler

Supreme Court of North Carolina · Aug 13, 2021

immunity. … This establishes that defendants are agents of NCSU.

Coleman v. Cooper

89 N.C. App. 188 · Court of Appeals of North Carolina · Mar 15, 1988

The evidence clearly shows that plaintiffs intestates were merely potential witnesses who would likely be called by the State at the time of trial. … IV Wake County and Cooper have alleged sovereign immunity as a defense. Counties, like cities, may waive governmental immunity by purchasing liability insurance. G.S. 153A-435.

Bouvier v. Porter

Supreme Court of North Carolina · May 23, 2024

First, the Court of Appeals held that the “absolute privilege most clearly applie[d] to . . . Porter” because he “was the actual protestor.” Id. at 545, 865 S.E.2d at 743. … App. 8 Given that the absolute privilege so clearly applies to this case, plaintiffs’ libel claims should have been dismissed with prejudice much earlier at the pleading stage under Rule 12(b)(6). Cf.

Helton v. Good

208 F. Supp. 2d 597 · District Court, W.D. North Carolina · Jul 5, 2002

These include sovereign immunity, the Eleventh Amendment to the United States Constitution, qualified immunity, and absolute prosecutorial immunity. These arguments miss the mark. … This qualifies as a “costly, self-executing compliance burden.” Thus, the Plaintiff has established a case of actual controversy and has standing to bring this action.