Case law

Leandro v. State

122 N.C. App. 1 · Court of Appeals of North Carolina · Mar 19, 1996

that each and every school in the same or other districts throughout the State shall be of the same fixed grade, regardless of the age or attainments of the pupils, but the term has reference to and qualifies the word “system … Our Constitution clearly does not contemplate such absolute uniformity across the State. Id. at 289 , 357 S.E.2d at 436 .

Hailey v. . Winston-Salem

196 N.C. 17 · Supreme Court of North Carolina · Sep 12, 1928

S., 2832 (Art. 16) that any city shall have the right to acquire, establish, and operate . . . schools. … Necessary buildings are an integral factor in the maintenance of the school system and their construction under the facts here presented is clearly a municipal purpose.

Powell v. Seaboard Air Line Railway Co.

178 N.C. 243 · Supreme Court of North Carolina · Oct 15, 1919

C., 367 , and authorities cited), this right and immunity only exists for the public benefit and may not be used or sanctioned by contract or ordinance of the municipality in favor of a private or public service corporation … satisfactorily appear, under permanent physical conditions of the kind presented here and in the absence of any definite testimony showing, meantime, a substantial change in values, we think that the opinion of these witnesses, qualified

ROOKS v. NC DEPARTMENT OF PUBLIC SAFETY

District Court, M.D. North Carolina · Aug 20, 2025

To establish a violation of either statute, plaintiffs must prove (1) they have a disability; (2) they are otherwise qualified to receive the benefits of a public service, program, or activity; and (3) they were … The Plaintiff also clearly pled sufficient facts to permit a jury to find that his disability was the reason for the withdrawal of the employment offer.

State v. Sherrod

191 N.C. App. 776 · Court of Appeals of North Carolina · Aug 5, 2008

Regarding criminal statutes in particular, our Supreme Court has held that the purpose of a statute will not: be extended by implication so as to embrace cases not clearly within its meaning. … Therefore, we conclude that firearm ammunition, absent a means to discharge it, does not qualify as a “weapon.”

Wright v. Hamilton

District Court, W.D. North Carolina · Feb 14, 2022

from liability by qualified immunity. … Qualified Immunity “Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably

King-El v. Wilson

District Court, W.D. North Carolina · Feb 7, 2022

Qualified Immunity “Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably … “To determine whether an officer is entitled to qualified immunity, the court must examine (1) whether the plaintiff has demonstrated that the officer violated a constitutional right and (2) whether that right was clearly

Velez v. Dick Keffer Pontiac GMC Truck, Inc.

144 N.C. App. 589 · Court of Appeals of North Carolina · Jul 3, 2001

immunity.” … Materials that are prepared in the ordinary course of business, however, are not protected by the work product immunity. Willis, 291 N.C. at 35 , 229 S.E.2d at 201 .

Prudential Insurance Co. of America v. Powell

217 N.C. 495 · Supreme Court of North Carolina · May 1, 1940

It seems to us that the express provisions of the act itself, without further argument, are sufficient to clearly designate the Unemployment Compensation Commission an agency of the State. … He must not only resort to the remedies that the legislature has established but he must do so at the time and in the manner that the statute and proper regulations provide. Mfg. Co. v. Comrs., 196 N.

Porter v. Board of Trustees of North Carolina State University

District Court, E.D. North Carolina · Jun 17, 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. Harlow v. … 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.”

WHITE v. THE CITY OF GREENSBORO

District Court, M.D. North Carolina · Feb 21, 2022

Fourth Amendment Qualified Immunity The reconsideration motion as to qualified immunity for the Greensboro Defendants has made plain that the court’s prior decision … Qualified immunity shields government officials performing discretionary functions from personal liability for civil damages under § 1983, so long as “their conduct does not violate clearly established

State v. W. Sky Fin., LLC

2015 NCBC 84 · North Carolina Business Court · Aug 27, 2015

The movant bears the burden of establishing the right to a preliminary injunction. Pruitt v. Williams, 288 N.C. 368, 372 (1975). … An injunction that is mandatory in nature, rather than prohibitory, “will ordinarily be granted only where the injury is immediate, pressing, irreparable, and clearly established.” Auto. Dealer Res., Inc. v.

Hughes v. Propst

District Court, W.D. North Carolina · Apr 24, 2023

“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.”

Aponte v. US Dept. of Treasury

940 F. Supp. 898 · District Court, E.D. North Carolina · Sep 23, 1996

If the United States has not waived is sovereign immunity in a particular circumstance, the Federal Government and its agencies are immune from suit. Loeffler v. … Title 5 of the United States Code clearly proclaims that the Unites States has retained its sovereign immunity by granting the right to receive compensation under the FECA: (c) The liability of the United States or an instrumentality

Hall v. Wadesboro Police Department

District Court, W.D. North Carolina · Aug 5, 2024

“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. … Even where an officer commits a constitutional violation, that officer is still entitled to qualified immunity if, in light of clearly established law, the officer could reasonably believe his actions were lawful.

Crosmun v. Trustees Of Fayetteville Technical Cmty. Coll.

Court of Appeals of North Carolina · Aug 6, 2019

After careful review, we hold that the trial court abused its discretion by compelling 5 We recognize that the work-product doctrine is “not a privilege, but a ‘qualified immunity.’ ” Evans v. United Serv. … both traditional privileges, such as attorney-client privilege, and the qualified work-product immunity

Thompson v. City of Charlotte

District Court, W.D. North Carolina · Aug 24, 2023

The Court finds that, alternatively, Venant is entitled to qualified immunity because he did not violate Mr. Thompson’s clearly established rights. Torchinsky v. Siwinski, 942 F.2d 257, 261 (4th Cir. 1991). … to qualified immunity.

Hammond v. McRae

182 N.C. 747 · Supreme Court of North Carolina · Dec 29, 1921

for necessary expenses, it has been repeatedly held that tbe term “qualified voters therein” means all persons resident in tbe district and qualified to vote there, as evidenced by a valid registry of voters made pursuant … tbe qualified voters of tbe district is intended.

United States v. King

121 F.R.D. 277 · District Court, E.D. North Carolina · Aug 5, 1988

Clearly, under the above standard for disclosure, that is not enough and defendant’s motion is DENIED. … In the case at bar, although defendant clearly asserts sufficient facts to establish electronic surveillance actually took place, he fails to assert any facts from which the court can reasonably infer the existence of a “

Ransom v. Davis

District Court, W.D. North Carolina · Nov 8, 2021

Qualified Immunity “Qualified immunity is an affirmative defense that shields public officers performing discretionary duties from ‘liability for civil damages insofar … “To determine whether an officer is entitled to qualified immunity, the court must examine (1) whether the plaintiff has demonstrated that the officer violated a constitutional right and (2) whether that right was clearly