Case law

Torres v. Davis

District Court, W.D. North Carolina · Jul 21, 2020

Qualified immunity “shields police officers who commit constitutional violations from liability when, based on clearly established law, they could reasonably believe that their actions were lawful.” … Nor has Plaintiff demonstrated that Defendants violated any clearly established right. As such, Defendants are entitled to qualified immunity. See Booker, 855 F.3d at 538.

Grad v. Kaasa

68 N.C. App. 128 · Court of Appeals of North Carolina · May 1, 1984

It would render an official's immunity meaningless if that protection could be overcome by a showing of mere mistake, since immunity would then be available only in cases when no mistake had been made, and obviously immunity … The majority opinion holds that a forecast of the evidence clearly shows that Dr.

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.

McLean v. Sale

38 N.C. App. 520 · Court of Appeals of North Carolina · Nov 7, 1978

Stat. 122-58.4 reads in part: “The qualified physician shall examine the respondent as soon as possible . . ..” (Emphasis added.) … The following jurisdictions hold liability of a physician can be established with respect to his wrongful certification of a person to an institution for treatment of the mentally ill. Miller v.

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."

POLK

District Court, M.D. North Carolina · Mar 12, 2026

the violation of a clearly established right by Sergeant Clark. … Thus, Defendants assert that Sergeant Clark is entitled to qualified immunity. (Id. at 17.)

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

Groce v. Rapidair, Inc.

305 F. Supp. 1238 · District Court, W.D. North Carolina · Oct 10, 1969

The plaintiff admits that Catherine Brouke Schulte qualified in the State of Virginia as the Administratrix of the estate of her deceased husband, Raymond F. … In order for the plaintiff to come under this immunity waiver he must comply with the provisions of the Act.

Carver v. Carver

310 N.C. 669 · Supreme Court of North Carolina · Apr 30, 1984

of an immunity which is personal to the agent. … Recovery here is not grounded on establishing the liability of the father who is neither a party defendant nor one through whom the liability of the defendant is sought to be established.

Robinson v. City of Kinston

District Court, E.D. North Carolina · Aug 30, 2023

In analyzing qualified immunity, the court asks (1) “whether the facts that a plaintiff has alleged or shown make out a violation of a constitutional right,” and (2) “whether the right at issue was Clearly established at … An officer enjoys qualified immunity and is not liable for excessive force unless he has violated a “clearly established” right, such that “it would [have been] clear to a reasonable officer that his conduct was unlawful

Everett v. Vandervelde

District Court, W.D. North Carolina · Feb 5, 2020

(3) Qualified Immunity The doctrine of qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly … 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

Long v. Fowler

Court of Appeals of North Carolina · Mar 3, 2020

of immunity. … See Mullis, 347 N.C. at 552, 495 S.E.2d at 724 (“[P]leadings should . . . clearly state[] the capacity in which [defendants are] being sued.”).

Reynolds v. City of Raleigh

District Court, E.D. North Carolina · Mar 27, 2024

“To overcome an official’s claim of qualified immunity, the plaintiff must show: ‘1) that the official violated a statutory or constitutional right, and 2) that the right was clearly established at the time of the challenged … The court’s analysis here turns on the second prong of the qualified immunity analysis.

ATKINSON v. CREDIT ACCEPTANCE CORPORATION

District Court, M.D. North Carolina · Sep 23, 2025

immunity issues.” … that “(1) his appeal was not inextricably intertwined with Godfrey’s qualified immunity defense; (2) qualified immunity does not apply to [Plaintiff’s] claims against Coats in

Trustees of Watts Hospital v. Board of Commissioners

231 N.C. 604 · Supreme Court of North Carolina · Mar 29, 1950

The findings of fact of the court make it manifest that drastic changes in conditions, which were entirely unforeseen at the time of the creation of the trusts, arose subsequent to the establishment of the trusts; that these … The corporate charter of the Trustees of Watts Hospital clearly discloses that the primary purpose motivating his gift of the hospital property to the Trustees was the establishment of a nonprofit hospital in Durham County

North Carolina State Bar v. Brewer

183 N.C. App. 229 · Court of Appeals of North Carolina · May 15, 2007

The first sentence of the rule establishes six years as the presumptive time limitation. … sufficiently determined the State Bar’s allegations under Rule 3.1 and Rule 8.4(d), in that both alleged violations involved conduct which was alleged to have occurred after Hoffman’s 1996 trial, conduct which the Commission clearly

Hicks v. Intercontinental Acceptance Corp.

154 F.R.D. 134 · District Court, E.D. North Carolina · Jan 10, 1994

In this case, Plaintiff has failed to satisfy two of the conditions necessary to establish a “proper case” for joinder. … Plaintiff has established no existence of a “trust relationship” with the Federal Trade Commission.

McCrary v. Federal Emergency Management Agency

642 F. Supp. 544 · District Court, E.D. North Carolina · Jul 10, 1986

The policy qualifies this statement, however, by indicating that such is only a matter of courtesy and the claimant must still send a proof of loss within sixty days after the loss even if the adjuster does not furnish the … McCrary, have established these four elements of a traditional estoppel defense.

Clontz v. St. Mark's Evangelical Lutheran Church

157 N.C. App. 325 · Court of Appeals of North Carolina · Apr 15, 2003

Mark’s and Allen Sloop waived immunity from civil liability afforded to volunteers. … No immunity necessarily defeating the claim has been proffered. The immunity conferred by N.C. Gen. Stat. § 1-539.10 depends on the absence of liability insurance carried by defendants.