Case law

Pinehurst Enterprises, Inc. v. Town of Southern Pines

690 F. Supp. 444 · District Court, M.D. North Carolina · Jun 24, 1988

Moreover, an authorizing statute establishes a “state policy to displace competition” if it clearly contemplates anticompetitive conduct by a municipality. See id. at 42 , 105 S.Ct. at 1718 , 85 L.Ed.2d at 31 . … In the instant case the entity which qualifies under the statute as an “any such association” is Moore County, the entity which received the FmHA loan.

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.”

TYLER v. LOCKLEAR

District Court, M.D. North Carolina · Sep 30, 2022

This court finds that at the time of his disciplinary conviction, there was no clearly established law or rule that, in order to violate the Disciplinary Procedures, ch. … ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’”

State of NC v. Kinston Charter Acad.

Court of Appeals of North Carolina · Dec 3, 2019

However, while Hall qualifies as a “person” under the NCFCA, the record is insufficient to determine, at this stage, -7-  STATE V. … Finally, we must examine the relationship between Kinston Charter and the State as established by state law. Ky. Higher Educ., 681 F.3d at 580.

Staton v. Norfolk & Carolina Railroad

111 N.C. 278 · Supreme Court of North Carolina · Sep 5, 1892

In the present case there was abundant testimony tending to show the existence of the qualifying conditions just stated, and the charge of his Honor in this respect is fully sustained by the principles declared in the decision … We are also of the opinion, as we have before stated, that had such immunity been expressly granted by statute, such legislation would have been in conflict with the Constitution, and therefore void. Affirmed.

SATTERFIELD

District Court, M.D. North Carolina · Aug 7, 2026

Amendment rights, and he is entitled to qualified immunity. … California, 395 U.S. 752, constitutional violation occurred, and (2) whether the right was clearly Thus, Knaub is entitled to qualified established at the time of the immunity.

In Re Appeal of the Forsyth County Tax Supervisor Regarding Certain Property Owned by Wake Forest University

51 N.C. App. 516 · Court of Appeals of North Carolina · Apr 21, 1981

WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that the decision of the Forsyth County Board of Equalization and Review is reversed to the extent that the valuation established thereby exceeds $501,171. … in which case only that portion so used qualifies for exemption.

CROCKETT v. BLACKWOOD

District Court, M.D. North Carolina · Mar 9, 2020

Did Ashley violate clearly established law? … As a result, viewing the evidence in the light most favorable to Plaintiff, Ashley violated Crockett’s clearly established right to be free from excessive force and is therefore not protected by qualified immunity.

Reece v. Horner

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

public official immunity and qualified immunity – protect them from most of his claims. … “Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Id.

Ripellino v. N.C. School Boards Ass'n, Inc.

176 N.C. App. 443 · Court of Appeals of North Carolina · Mar 7, 2006

immunity. … Where the existence of a right is clearly established, its administration may not depend on the whim or unlimited discretion of a government official. Dobrowolska v. Wall, 138 N.C.App. 1 , 530 S.E.2d 590 (2000).

Croom v. . Sugg

110 N.C. 259 · Supreme Court of North Carolina · Feb 5, 1892

.: The burden would have been upon the plaintiff to prove, if the fact had been denied, the allegations of his complaint that Fannie Sugg had made a will; that it had been duly proven, and that defendants had qualified as … The testimony being competent, his own declarations against his own interest were, as in all other cases, as clearly admissible as any other evidence to establish the truth of the alleged fact. May v.

McConnell v. Watauga County

District Court, W.D. North Carolina · May 31, 2019

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 … Plaintiffs have posed the qualified immunity issue too broadly, stating that the clearly established law is the “constitutional right to be free from arrest and prosecution without probable cause.” (Doc.

Godon v. NC Crime Control & Public Safety

959 F. Supp. 284 · District Court, E.D. North Carolina · Mar 4, 1997

Alternatively, Defendants argue that even if Plaintiff did have a right to complain, the defendants certainly had a reasonable belief that she did not, and are therefore entitled to qualified immunity as a matter of law. … Eleventh Amendment immunity does not protect state officials in their official capacities from § 1983 claims for injunctive relief”) (citing Will 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.

Darling v. Falls

236 F. Supp. 3d 914 · District Court, M.D. North Carolina · Feb 17, 2017

Further, the Judicial Defendants move to dismiss Plaintiffs claims based on absolute judicial immunity and Eleventh Amendment immunity. (Id. at 2.) … It is well-established that official capacity claims are, in essence, claims against the State. Will v. Mich. Dep’t of State Police, 491 U.S. 58, 71 , 109 S.Ct. 2304 , 105 L.Ed.2d 45 (1989).

LAND v. BURKE

District Court, M.D. North Carolina · Jun 30, 2020

Police officers possess immunity from Section 1983 liability for money damages as long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … “Qualified immunity protects officers who commit constitutional violations, but who, in light of clearly established law, could reasonably believe that their actions were lawful.”

Gilmer v. . Holton

98 N.C. 26 · Supreme Court of North Carolina · Sep 5, 1887

, when the defendant declined to qualify him. 5. … We are clearly of opinion that the appointment of the plaintiff was regular and proper, and warranted by law, and that he was entitled to take the oath of office before the defendant as clerk.

Nash v. . Tarboro

227 N.C. 283 · Supreme Court of North Carolina · Apr 9, 1947

The Session Laws of 1945, Chapter 413, purports to authorize the acquisition, or construction of the hotel, the issuance of the bonds, and the levy of the tax, provided the project be approved by a majority of the qualified … The reason municipal property is granted immunity from taxation is, that it is supposed to be dedicated to a public use."

State v. McLaughlin

321 N.C. 267 · Supreme Court of North Carolina · Dec 2, 1987

He admits in his brief, however, that “there was no evidence of a formal grant of immunity and order to testify.” … The jury thus was clearly instructed to consider the witnesses’ testimony in light of their possible bias.

Murray Co. v. . Broadway

176 N.C. 149 · Supreme Court of North Carolina · Oct 9, 1918

In these cases the written contracts were set aside for fraud, definitely alleged, clearly established, and promptly asserted, and it was held that the stipulations contained therein restrictive of the agent’s power to bind … To bold the contrary would be to sanction the principle tbat tbe deeper tbe guilt the greater tbe immunity, and enable fraud by its own contrivances to so entrench itself that its position would in many instances be practically