Case law

Hopper v. Salazar

District Court, W.D. North Carolina · Dec 15, 2022

Qualified immunity shields police officers in their individual capacities from liability unless their conduct constitutes a violation of clearly established constitutional rights of which a reasonable person would have … Under the second prong, a government official is entitled to qualified immunity if the right at issue was not “clearly established at the time of the challenged conduct.” al-Kidd, 563 U.S. at 735.

COLEMAN v. MAUNEY

District Court, M.D. North Carolina · Mar 28, 2025

He further asserts that “Plaintiffs can point to no case law that [he] violated any clearly established law” and that he “is entitled to qualified immunity as a result.” [Id. at 7–8]. … Qualified Immunity Had Plaintiffs provided the necessary allegations, Defendant Revis would still be entitled to qualified immunity.

Byrd v. Hudson

113 N.C. 203 · Supreme Court of North Carolina · Sep 15, 1893

The second exception was abandoned, and as to the third exception, the testimony of Stevens was clearly competent, as tending to prove malice. 13 Am. & Eng. Enc., 431, §4. 3. … Cheek, supra, which, like the present, vras a case of qualified privilege [13 Am. and Eng.

Lake v. State Health Plan For Teachers & State Emps.

264 N.C. App. 174 · Court of Appeals of North Carolina · Mar 5, 2019

The General Assembly has clearly distinguished between the mandatory retirement benefits and the optional health care insurance benefits the statutes have historically provided. … When the matter was previously before this Court, the sole issue decided concerned the applicability of sovereign immunity. Lake, 234 N.C. App. at 375, 760 S.E.2d at 274.

In re Barnhill

72 N.C. App. 530 · Court of Appeals of North Carolina · Feb 5, 1985

recommends involuntary hospitalization,” is clearly based on Dr. … We think it clear beyond peradventure that this testimony falls far short of establishing that “a second qualified physician . . . perforated] the examination required by G.S. 122-58.6.”

Sanders v. State Personnel Commission

236 N.C. App. 94 · Court of Appeals of North Carolina · Sep 2, 2014

there could have been no breach of contract because “the acts of any hiring official in violating the  -4- [Twelve-Month Rule] . . . were clearly … Nevertheless, it is well-established that the State’s sovereign immunity is waived in “causes of action on contract,” Smith v.

Ussery v. Cooper

District Court, E.D. North Carolina · Jun 20, 2024

A court has discretion in deciding which prong of the qualified immunity analysis — whether there was a violation of a constitutional right or whether the right was clearly established — to consider first. … However, when deciding whether qualified immunity applies, “the clearly established law must be ‘particularized’ to the facts of the case.” White v. Pauly, 580 U.S. 73, 79 (2017). “And the particulars matter.

State v. Taylor

298 N.C. 405 · Supreme Court of North Carolina · Nov 6, 1979

Finally, the district attorney stated that defendant had been cooperative in his interviews with police officers and “had related the details and the facts of the incidents under investigation very clearly to the officers … These were Virginia charges.” *415 “The immunity to unreasonable searches and seizures is a privilege personal to those whose rights thereunder have been infringed.

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

201 B.R. 137 · United States Bankruptcy Court, E.D. North Carolina · Oct 10, 1996

The legislative history to the Bankruptcy Reform Act of 1994 clearly states that § 106 was being amended to conform with the Supreme Court’s requirement that Congress make an "unmistakably clear" statement of its intent to … Article I of the Constitution gives Congress the authority "[t]o establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States[.]” U.S. Const, art.

Spencer v. Glaser

District Court, E.D. North Carolina · Mar 21, 2025

Qualified Immunity Qualified immunity protects government officials performing discretionary functions 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 known.”

Stone v. North Carolina Department of Labor

347 N.C. 473 · Supreme Court of North Carolina · Feb 6, 1998

Until the legislature clearly expresses that immunity is to be waived even in situations in which the common law public duty doctrine would otherwise apply to bar a negligence claim, we construe the Tort Claims Act as incorporating … Here, the duty to perform is clearly set out and can be accomplished. It is feasible.

Main v. Howell

District Court, W.D. North Carolina · Feb 29, 2024

When, as here, a law enforcement officer is sued in his individual capacity, he is “entitled to invoke qualified immunity, which is ... immunity from suit itself.” Cooper v. … “Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful.” Knibbs v.

Pickens v. Hendricks

District Court, W.D. North Carolina · Apr 25, 2022

Qualified Immunity Qualified immunity “shields police officers who commit constitutional violations from liability when, based on clearly established law, they could reasonably … To determine whether qualified immunity applies, the courts conduct a two-step inquiry, in either order: “(1) whether a constitutional violation occurred; and (2) whether the right was clearly

Hayes v. City of Charlotte, NC

802 F. Supp. 1361 · District Court, W.D. North Carolina · Sep 1, 1992

He did that solely for the purpose of obtaining three black persons, clearly a discrimination against white officers. … The rights established are personal rights.” Shelley v. Kraemer, 334 U.S. 1, 22 , 68 S.Ct. 836, 846 , 92 L.Ed. 1161 (1948).

Bufflehead Point, LLC v. Pamlico County

District Court, E.D. North Carolina · May 4, 2020

Lenhart is entitled to qualified immunity under section 1983 unless “(1) [he] violated a federal statutory or constitutional right, and (2) the unlawfulness of [his] conduct was ‘clearly established at the time.’” … The Supreme Court has reserved judgment on whether decisions of a federal court of appeals are a source of clearly established law for purposes of qualified immunity. See id.; Kisela, 138 S.

Herman v. Grier

District Court, W.D. North Carolina · Sep 18, 2019

To overcome the qualified immunity defense at the summary judgment stage, the plaintiff must have shown facts that make out a violation of a constitutional right, and the right at issue must have been “clearly established … clearly established violation of law.

Ray v. Railroad

141 N.C. 84 · Supreme Court of North Carolina · Apr 10, 1906

clearly within the principle of the above decisions. … C., 252 , the court held that while one rightfully or by permission, as stated, on or dangerously near a railroad track is required to look and listen, this obligation may be so qualified by facts and attendant circumstances

WHITE v. THE CITY OF GREENSBORO

District Court, M.D. North Carolina · Jun 22, 2022

The Greensboro Defendants contend they are entitled to qualified immunity because it was not clearly established that “an officer must make an independent determination that his entry into … Thus, there is an insufficient basis to conclude that he violated a clearly established right to overcome qualified immunity, and Lowe’s motion for summary judgment will be granted.

State v. Barker

257 N.C. App. 173 · Court of Appeals of North Carolina · Dec 19, 2017

Defendant objected to Trooper Inman being qualified as an expert and moved for a voir dire of the witness. … The depth of the inquiry is limited only in the context of HGN testing, where the General Assembly has clearly signaled that the requirements be applied leniently.

Knight v. City of Fayetteville

234 F. Supp. 3d 669 · District Court, E.D. North Carolina · Feb 10, 2017

On July 18, 2016, defendants filed the instant motion seeking judgment as a matter of law, wherein they rest upon governmental immunity, public official immunity, and qualified immunity. … Excessive Force Where a defendant police officer asserts a defense of qualified immunity, a two-step inquiry applies.