Case law

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.”

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.

Greer

District Court, W.D. North Carolina · Aug 6, 2026

“Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful.” Henry v. … was clearly established at the time of the alleged violation.”

TOWN OF MIDLAND v. Morris

209 N.C. App. 208 · Court of Appeals of North Carolina · Jan 18, 2011

Stat. § 153A-12 (2009) (“Except as otherwise directed by law, each power, right, duty, function, privilege and immunity of the [county] shall be exercised by the board of commissioners.”). … Purpose Pursuant to N.C.G.S. § 106-740, which provides that no state or local public agency or governmental unit may formally initiate any action to condemn any interest in qualifying farmland within a District until such

Williams v. Avnet, Inc.

910 F. Supp. 1124 · District Court, E.D. North Carolina · Dec 7, 1995

When the record clearly indicated an ADA plaintiff had represented to her various insurers that she could not work, the plaintiff was barred from claiming she was qualified for the job. … Finally, the facts clearly establish that at the time of the discharge, plaintiff was not performing her job at a level that met her employer’s legitimate expectations.

Mason v. Carteret County, North Carolina

District Court, E.D. North Carolina · Aug 25, 2023

immunity shields them from liability where plaintiff has not pled adequately she was deprived of a clearly established right. … The court next turns to the assertion that defendants possess qualified immunity where neither of them violated a clearly established right.

In re: K.E.P.

Court of Appeals of North Carolina · Apr 16, 2025

It is well established that “the North Carolina Rules of Evidence apply at the adjudication stage of these juvenile proceedings. … In support of her contention, Respondent-Mother cites the immunity provision of N.C. Gen.

CARIAS v. NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY

District Court, M.D. North Carolina · Aug 19, 2025

O’Conor further claim that the Individual Defendants have qualified immunity for Plaintiff’s individual capacity claims because Plaintiff has failed to show that Individual Defendants violated any of Carias’s clearly established … (affirming denial of prison physician’s motion for summary judgment on qualified immunity). Accordingly, the clearly established prong is satisfied for Dr. Brandhorst, Turner, and Dr.

McAdoo v. University of North Carolina at Chapel Hill

248 F. Supp. 3d 705 · District Court, M.D. North Carolina · Mar 29, 2017

-flagship university of the State of West .Virginia, the University is clearly, of statewide concern and interest.”). UNC is clearly involved with statewide concerns. … [and] it is immune from suit unless its sovereign immunity has been waived.”); Aune v.

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.

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.

Paris v. MICHAEL KREITZ JR., PA

75 N.C. App. 365 · Court of Appeals of North Carolina · Jul 2, 1985

The test for whether a directed verdict is proper is well established. … The evidence clearly shows that Mr. Paris was not ignored.

In Re Means

176 N.C. 307 · Supreme Court of North Carolina · Oct 30, 1918

A substantial right, therefore, not to be forfeited of ignored except in some way o'r for some reason established or recognized by the law of the land.” … Even in case of proceedings pending, however, this is not'an absolute or arbitrary principle and may be departed from when it is clearly manifest that the good of the child requires it. This was recognized in Harris v.

Sharpe v. Winterville Police Department

District Court, E.D. North Carolina · Aug 20, 2020

Helms 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. Ct. at 1152-54; Taylor v.

State Ex Rel. Caldwell v. Wilson

121 N.C. 425 · Supreme Court of North Carolina · Sep 5, 1897

Wilson, or until your successor is elected and qualified according to law. 5th. … Missouri , 152 U.S. 377 , it was held that the privileges and immunities of citizens of the United States protected by the Fourteenth Amendment are such privileges and immunities as arise out of the nature and essential character

Sharpe v. Worland

137 N.C. App. 82 · Court of Appeals of North Carolina · Mar 21, 2000

, establishment and enforcement of basic standards for the care and treatment of patients in hospitals.’ ” Id. at 80, 347 S.E.2d at 827 (quoting N.C. … Thus, defendant Hospital, a corporate body, qualifies as a “person” under G.S. § 90-21.22(e). To the extent the PHP sought defendant Hospital’s participation in Dr.

Farmer v. Troy Univ.

Court of Appeals of North Carolina · Mar 2, 2021

¶ 36 Our Supreme Court’s decision in Smith is clearly distinguishable from Hyatt III and the case before us. … ¶ 46 It is well established that a plaintiff may not proceed with a claim directly  FARMER V.

Gray v. Laws

915 F. Supp. 747 · District Court, E.D. North Carolina · Jan 20, 1994

To establish a cause of action for an alleged wrongful discharge in violation of the First Amendment, a public employee must satisfy two requirements: (1) the speech for which the employee was allegedly dismissed must qualify … Defendant Reimer asserts the defense of public officer immunity to this claim.

Goodwin Ex Rel. Goodwin v. Furr

25 F. Supp. 2d 713 · District Court, M.D. North Carolina · Oct 29, 1998

The public employee has no immunity, but the public officer is immune from liability in his or her individual capacity for negligent acts pertaining to discretionary duties. … This immunity is termed “official immunity” and is to be distinguished from governmental or sovereign immunity. Id. Official immunity does not shield the "public officer" from liability for intentional acts. Epps v.

Franklin v. City of Charlotte

District Court, W.D. North Carolina · Nov 19, 2021

The Court first confronts the “clearly established” prong. … In two recent per curiam decisions, the Supreme Court reversed denials of qualified immunity because the case law demonstrating “clearly established” law presented insufficiently similar factual circumstances.