Case law

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.”

FIRST UNION NAT. BANK OF CAROLINA v. Hackney

266 N.C. 17 · Supreme Court of North Carolina · Dec 15, 1965

Stated from the viewpoint of the parent, it is a privilege, but only a qualified one." In accord: Brennecke v. Kilpatrick, 336 S.W.2d 68 (Mo.); Palcsey v. Tepper, 71 N.J.Super. 294 , 176 A.2d 818 ; Davis v. … The immunity of the parent usually has been predicated upon the premise that to allow such an action against a parent would either disrupt the tranquillity of the domestic establishment or subvert parental control and discipline

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.

Higgins v. Mendoza

Court of Appeals of North Carolina · Jan 15, 2025

ECU maintained an affiliation agreement with North Carolina State Highway Patrol (“NCSHP”) for an internship program for qualified college students interested in careers in law enforcement. … Trooper Mendoza argues that he is entitled to public official immunity.

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.

Lund v. Rowan County

103 F. Supp. 3d 712 · District Court, M.D. North Carolina · May 4, 2015

Berkley , however, clearly explains how Supreme Court and Fourth Circuit precedent soundly establish that legislative immunity does not apply to municipalities. … immunity and (2) regardless, legislative prayer is not a legitimate legislative activity protected by legislative immunity).

McRae v. Pfeffer

District Court, E.D. North Carolina · Aug 9, 2019

defense of qualified immunity.” … 731, 742 (4th Cir. 2003) (“The police officers concede, and we agree, that public officers’ immunity, at the least, is unavailable to officers who violate clearly established rights because an officer acts with malice when

Berry v. Odom

222 F. Supp. 467 · District Court, M.D. North Carolina · Oct 15, 1963

The primary pui’pose of the institution at that time was to train qualified personnel to teach in public schools of North Carolina. In 1858 the name was again changed to Trinity College. … There was no ruling on the claim of immunity asserted by Duke University.

Joiner v. Wal-Mart Stores, Inc.

114 F. Supp. 2d 400 · District Court, W.D. North Carolina · Feb 25, 2000

Unsupported allegations “do not confer talismanic immunity from Rule 56.” Ross v. Communications Satellite Corp., 759 F.2d 355, 365 (4th Cir.1985). … A "heightened pleading standard” appears to be reserved for situations such as pleading fraud or protection of constitutional protections, such as qualified immunity. Dunbar Corp. v.

Wilkins v. Guilford County

158 N.C. App. 661 · Court of Appeals of North Carolina · Jul 1, 2003

element of the claim; or (3) showing that plaintiff cannot survive an affirmative defense, such as governmental immunity. … Baldwin Sch., Inc., 133 F.3d 141 , 155 n.18 (1st Cir. 1998) (questioning whether ADHD qualifies as a mental impairment under the ADA), we must first consider whether a person qualifies as disabled if the underlying impairment

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.

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.

Carter Ex Rel. Clap v. City of Greensboro

249 N.C. 328 · Supreme Court of North Carolina · Jan 14, 1959

The duties the city assumed and the purposes it sought to accomplish, the special and limited class of tenants who could qualify for occupancy, and the substantial financial returns the city received under the contract placed … . . and persons acting on behalf of a federal agency in an official capacity, . . . in the service of the United States . .The same section provides: “‘Federal agency’ includes the executive departments, and independent establishment

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.

North Carolina Farm Bureau Mutual Insurance v. Cully's Motorcross Park, Inc.

220 N.C. App. 212 · Court of Appeals of North Carolina · May 1, 2012

Immunity Pursuant to N.C. Gen. Stat. § 58-79-40 Plaintiff argues that the trial court erred in failing to find, pursuant to N.C. Gen. Stat. § 58-79-40 , that Plaintiff was immune from civil liability. N.C. Gen. … , even if prompted by an anticompetitive intent, are immune from antitrust liability.

Breedlove v. Warren

249 N.C. App. 472 · Court of Appeals of North Carolina · Sep 20, 2016

immunity.” … Although AOC is entrusted with statutory authority to establish and evaluate judicial compliance with regulations, rules, and procedures,1 the statutes cited above clearly show that AOC lacked the power, its memoranda

N.C. Acupuncture Licensing Bd. v. N.C. Bd. of Physical Therapy Exam'rs

2016 NCBC 31 · North Carolina Business Court · Apr 26, 2016

Sovereign Immunity {22} “[I]t is an established principle of jurisprudence that a state may not be sued unless by statute it has consented to be sued or has otherwise waived its immunity from suit.” Ray v. N.C. … Comm’n, 336 N.C. 200, 443 S.E.2d 716 (1994), as establishing a waiver of sovereign immunity where state actors have, as Plaintiff argues here, “invade[d] or threaten[ed] to invade the personal or property rights of a citizen

State v. Abernathy

295 N.C. 147 · Supreme Court of North Carolina · Jun 6, 1978

This Court has held that a defendant is entitled to cross-examine an accomplice who has testified against him as to whether he has been promised immunity or leniency in return for his testimony, and that the denial of this … violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.” 373 U.S. at 87 , 10 L.Ed. 2d at 218 . *157 The Supreme Court has not clearly

ATKINSON v. CREDIT ACCEPTANCE CORPORATION

District Court, M.D. North Carolina · Mar 9, 2023

Discovery and further proceedings may establish that qualified immunity applies. … In addition, the allegations in the complaint are not sufficient to establish the defense of qualified immunity.

Pritchard v. Mobley

District Court, E.D. North Carolina · Mar 30, 2022

Defendants answered [DE 13], pleading as defenses qualified immunity, public official immunity', and sovereign immunity. … to qualified immunity.