Case law

Parker v. Town of Erwin

243 N.C. App. 84 · Court of Appeals of North Carolina · Sep 15, 2015

and public official immunity.” … Public official immunity does not apply where “conduct violates clearly established statutory or constitutional rights of which a reasonable person in their position would be aware

Huyck Corp. v. C. C. Mangum, Inc.

58 N.C. App. 532 · Court of Appeals of North Carolina · Aug 3, 1982

Thus, the State and DOT argue that the Tort Claims Act, G.S. 143-291, et seq., is the only substantive law waiving the State’s sovereign immunity. … State, 289 N.C. 303 , 222 S.E. 2d 412 (1976), clearly establishes that the State and its agencies may be sued in contract.

Florida, Department of Revenue v. Sparkman (In Re York-Hannover Developments, Inc.)

190 B.R. 62 · District Court, E.D. North Carolina · Nov 30, 1995

Since the decision in Union Gas, virtually every circuit court to have reached the issue has held that the Eleventh Amendment is not a jurisdictional bar where Congress has clearly abrogated the presumption of immunity pursuant … [t]o establish ... uniform Laws on the subject of Bankruptcies throughout the United States.”

Robinson v. Montgomery Ward & Co.

644 F. Supp. 890 · District Court, W.D. North Carolina · Sep 26, 1986

The Plaintiff’s claim was that the acts of the Defendant had the effect of depriving her of the rights, privileges and immunities guaranteed to her by the Constitution and laws of the United States because of race, prohibited … CONCLUSIONS OF LAW (1) The Court has jurisdiction of this action pursuant to Title 28 U.S.C. §§ 1331 and 1343 and Title 42 U.S.C. § 1981 and 2000e-2(a). (2) The Plaintiff has the initial burden of establishing a prima facie

Wetherington v. Phillips

380 F. Supp. 426 · District Court, E.D. North Carolina · Aug 12, 1974

Barker, the state prosecutor, was clearly acting in his quasi-judicial capacity when he moved to amend the warrant against the plaintiff. … It is well established that a counterclaim predicated upon malicious prosecution of the action in which the counterclaim was filed must be dismissed. Alberto-Culver Company, v.

PORTER

District Court, M.D. North Carolina · May 15, 2026

City of Charlotte, 80 F.4th 264, “the clearly established right must be 284-85 (4th Cir. 2023)). … That right, even assuming Scott violated Porter’s however, is clearly established. right, that right was not clearly established on August 17, 2022.

M.B. v. CHAPEL HILL-CARRBORO CITY SCHOOLS BOARD OF EDUCATION

District Court, M.D. North Carolina · Sep 27, 2021

“Qualified immunity protects officials who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful.” Booker v. S.C. … To overcome qualified immunity, a plaintiff must allege (1) defendant infringed on her constitutional right, and (2) the violated right was “clearly established at the time of the official’s conduct.”

Belton v. City of Charlotte

District Court, W.D. North Carolina · Sep 26, 2023

Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … However, the state law defense of public official immunity “is unavailable to officers who violate clearly established rights.” Bailey v.

Carver v. Carver

55 N.C. App. 716 · Court of Appeals of North Carolina · Feb 16, 1982

‘The child’s immunity is said to be reciprocal • of the parent’s immunity.’ ” Gillikin v. Burbage, 263 N.C. 317 , 139 S.E. 2d 753 (1965). … (c) All evidence which reasonably tends to establish any of the elements of damages included in subsection (b), or otherwise reasonably tends to establish the present monetary value of the decedent to the persons entitled

State v. Cantwell

142 N.C. 604 · Supreme Court of North Carolina · Oct 23, 1906

The exemption allowed under the Revisal, see. 1980, was clearly intended to apply to a class of persons who never enjoyed such an immunity before its .enactment, and not to one protected by prior legislation and in whose … He may waive it, and when be does, be is as much qualified as if tbe exemption bad never existed.

Hall v. Pruitt

District Court, W.D. North Carolina · Jul 22, 2020

Qualified Immunity “Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably … The Defendants argues that they should be granted qualified immunity because they did not violate any of Plaintiff’s clearly established rights.

State v. Miller

61 N.C. App. 1 · Court of Appeals of North Carolina · Mar 1, 1983

for something and the State not be able to show what that immunity was.” … a jury trial the judge must inform the jury of the grant of immunity and the order to testify prior to the testimony of the witness under the grant of immunity.

Woodall v. Western Wake Highway Commission

176 N.C. 377 · Supreme Court of North Carolina · Nov 6, 1918

All of the town of Cary is within the road district, and gets the benefit of the road; but *384 we understand the contention is that, because Cary is an incorporated town, the property in it is immune from taxation for this … We may clearly see the importance of this testimony if the witness would have given a negative answer, but as the ruling is not reviewable by us we can grant no relief, and, therefore, it *395 is not necessary to further

Sparkman v. Florida Dept. of Revenue (In Re York-Hannover Developments, Inc.)

181 B.R. 271 · United States Bankruptcy Court, E.D. North Carolina · Apr 18, 1995

Thus, the Eleventh Amendment/sovereign immunity issue presented here is clearly one *273 of congressional abrogation, rather than waiver or consent. In Hoffman v. … Moreover, the constitutional mandate for Congress to establish uniform bankruptcy laws necessarily and expressly displaces state authority.

Lyles v. City of Charlotte

344 N.C. 676 · Supreme Court of North Carolina · Nov 8, 1996

The General Assembly has provided that sovereign immunity may be waived by participating in a local government risk pool, and has provided for certain requirements to establish such an organization. … However, N.C.G.S. § 160A-485(a) establishes an exception to the common law rule: Any city is authorized to waive its immunity from civil liability in tort by the act of purchasing liability insurance.

Meyer v. Walls

347 N.C. 97 · Supreme Court of North Carolina · Sep 5, 1997

Under the doctrine of sovereign immunity, the State is immune from suit absent waiver of immunity. E.g., Gammons v. N.C. Dep’t of Human Resources, 344 N.C. 51, 54 , 472 S.E.2d 722, 723 (1996). … This argument is contrary to clearly established law. Although a plaintiff may not receive a double recovery, he may seek a judgment against the agent or the principal or both. See Bowen v. Iowa Nat’l Mut. Ins.

Webb v. Price

210 N.C. App. 261 · Court of Appeals of North Carolina · Mar 1, 2011

established statutory method of subjecting such persons to the jurisdiction of the Court.” … Defendant cites no authority, and we find none, establishing that N.C. Gen. Stat. § 162-16 replaces the requirements of N.C. Gen.

Human Rights Defense Center v. Ishee

District Court, E.D. North Carolina · Mar 27, 2024

establish this proposition for purposes of qualified immunity. … This is insufficient to clearly establish a right for qualified immunity purposes. See, e.g., Booker, 855 F.3d at 538–39.

Hendricks v. Leslie Fay, Inc.

273 N.C. 59 · Supreme Court of North Carolina · Feb 28, 1968

The tendency of our law, indicated above, would, however, clearly be toward the imposition of vicarious responsibility. … Immunity from vicarious liability would permit any store keeper to subject his customers to the hazards of an irresponsible detective agency without peril to himself.

State v. Ward

364 N.C. 133 · Supreme Court of North Carolina · Jun 17, 2010

Relying on the National Academy Report in part, the Court commented that “[f]orensic evidence is not uniquely immune from the risk of manipulation,” id. at —, 129 S. … Clearly, the General Assembly contemplated that anyone manufacturing a counterfeit substance would make it look as close to the genuine product as possible.