Case law

Cedarbrook Residential Ctr.

Court of Appeals of North Carolina · Dec 21, 2021

The plurality opinion’s conclusion will lead to a stampede of nonjusticiable suits against regulatory state agencies which are clearly barred by sovereign immunity except for the limited waiver of that immunity … ¶ 51 The party asserting a claim must establish cause.

Gilliland v. Board of Education.

141 N.C. 482 · Supreme Court of North Carolina · May 22, 1906

And it is not alone by oral expression that this reputation is evidenced and established. … the general reputation and opinion that said ancestor was qualified under the laws to do so.

Hardin v. Fuqua

District Court, E.D. North Carolina · Apr 8, 2022

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.”

Faulkenbury v. TEACHERS'AND STATE EMPLOYEES'RETIREMENT SYSTEM

108 N.C. App. 357 · Court of Appeals of North Carolina · Jan 5, 1993

. § 1983 cause of action on essentially three bases: (A) the doctrines of qualified and official immunity shield the defendants from suit brought under the theories of section 1983 and any state law claims; (B) defendants … However, plaintiffs' complaint also quite clearly requests damages. Plaintiffs' complaint states, "This is a Complaint for damages and other relief, including 42 U.S.C. § 1983 ."

Bouvier v. Porter

Court of Appeals of North Carolina · Oct 5, 2021

the trial court’s failure to dismiss [p]laintiff’s claims deprives [d]efendants of immunity from suit[.]” 270 N.C. … Qualified Personnel, Inc., 294 N.C. 200, 208, 240 S.E.2d 338, 343 (1978). “Whether an  BOUVIER V.

Delconte v. State

313 N.C. 384 · Supreme Court of North Carolina · May 7, 1985

Sections 556-558, and 560 of Part 2 require qualified nonpublic schools to maintain certain annual attendance and disease immunization records, to operate on a certain regular schedule, to be subject to certain health and … Therefore, we hold that G.S. 115C-555(4) refers only to established educational institutions.

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.

Alpar v. WEYERHAEUSER COMPANY, INC.

20 N.C. App. 340 · Court of Appeals of North Carolina · Jan 9, 1974

“The decisions in this jurisdiction, as well as others, clearly establish that a publication is libelous per se, or actionable per se, if when considered alone without innuendo: * * * (4) it tends to impeach one in his trade … Although a qualified privilege may provide an affirmative defense against a defamation action, if the qualified privilege is found to be abused, then the privilege ceases to exist.

Sheppard v. Coleman

District Court, E.D. North Carolina · Mar 24, 2021

Sheriff Coleman contends that he is entitled to qualified immunity on count two because it allegedly was not clearly established on February 10, 2017, that Sheppard’s February 8, 2017 statements to Sheriff Coleman constituted … The right to be free from retaliation under sections 1983 and 1981 for opposing race discrimination was clearly established on February 10, 2017.

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.

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.

Williams v. City of Charlotte

District Court, W.D. North Carolina · Oct 31, 2024

Qualified immunity protects government officials from liability for civil damages so long as their conduct does not violate a clearly established constitutional right. Walker v. … protected right was clearly established by way of the Defendants’ failure to properly train its officers resulting in numerous police chases ending in injury.

United States v. Skipper

781 F. Supp. 1106 · District Court, E.D. North Carolina · Dec 10, 1991

DISCUSSION It is well established that the. United States is immune from suit except as Congress specifically provides, and any waiver of immunity is to be strictly construed in favor of the United States. … Counter-Claimants assert the following bases in attempting to establish that sovereign immunity has been waived; (1) CERCLA provisions 42 U.S.C. §§ 9607 (a)(3), 9613(f) and 9620, and (2) the Federal Tort Claims Act, in conjunction

State v. Baggett

61 N.C. App. 511 · Court of Appeals of North Carolina · Apr 5, 1983

Norris’s answer because her other testimony clearly established that she had, in fact, picked out the same photo both times. This assignment is overruled. … McClain was granted immunity by the prosecution and the court ordered that the jury be excused and a voir dire conducted.

Bryant v. N.C. Dep't of Health & Hum. Servs.

Court of Appeals of North Carolina · Feb 18, 2026

Generally, “[u]nder the doctrine of sovereign immunity, the State is immune from suit absent waiver of immunity.” Meyer v. Walls, 347 N.C. 97, 104 (1997). … State Ports Auth., 307 N.C. 522, 537–38 (1983) (“Waiver of sovereign immunity may not be lightly inferred and State statutes waiving this immunity, being in derogation of the sovereign right to immunity, must be strictly

State v. Logner

297 N.C. 539 · Supreme Court of North Carolina · Jul 12, 1979

However, defendants by their cross-examination clearly opened the door to the questions on re-direct examination and should not be heard to complain. G.S. § 15A-1443(c). … We cannot perceive how the jury could have understood the trial judge to be stating his opinion that a conspiracy had been established.

Republican Party of North Carolina v. Hunt

841 F. Supp. 722 · District Court, E.D. North Carolina · Jan 3, 1994

The Fourth Circuit, applying the standards established in Bandemer v. … Plaintiffs’ evidence clearly shows that at least this last demand is not presently served by the electoral process.

Trivette v. Yount

217 N.C. App. 477 · Court of Appeals of North Carolina · Dec 20, 2011

In his answer, Defendant raises several defenses: (1) Plaintiffs failed to state a claim upon which relief could be granted, as Defendant was immune from suit pursuant to governmental or sovereign immunity; (2) the trial … We are unaware of any authority establishing that the power to hire is dis-positive on this issue.

Cucina v. City of Jacksonville

138 N.C. App. 99 · Court of Appeals of North Carolina · May 16, 2000

However, assuming arguendo the foregoing contentions sustain a factual issue as to plaintiff’s contributory negligence, such negligence is not thereby established as a matter of law. … Only where the evidence establishes the plaintiff’s own negligence so clearly that no other reasonable conclusion may be reached is summary judgment to be granted.

Association for Home & Hospice Care of North Carolina, Inc. v. Division of Medical Assistance

214 N.C. App. 522 · Court of Appeals of North Carolina · Aug 16, 2011

The law required DMA to implement certain new criteria for assessing PCS eligibility and the level of assistance needed by those who qualified, id. § 10.68A.(a)(3). … The trial court granted DMA’s writ of certiorari and concluded that the ALJ lacked jurisdiction to enter the injunction order “by reason of sovereign immunity.”