North Carolina Immunity Law

Leonard W. Houston v. United States of America

Wilmington, North Carolina personal injury lawyer represented the Plaintiff who sued the Defendant on a Federal Tort Claims Act negligence theory. The Federal Tort Claims Act: A United States law that permits citizens to sue the federal government for certain torts (civil wrongs) committed by its employees. It's a significant exception to the sovereign immunity princi... More...

$0 (01-03-2024 - NC)

<cente> Lewis A. Brandon, III v. The City of Greensboro

<center> <img width="300" src="http://www.ncmd.uscourts.gov/sites/ncmd/files/lrp.JPG"> </center> After eight voting citizens of Greensboro, North Carolina, (“Citizens”) prevailed in an action under 42 U.S.C. § 1983 against the Guilford County Board of Elections, successfully challenging as unconstitutional a 2015 state law that redrew Greensboro City Council districts and obt... More...

$0 (04-15-2019 - NC)

UNITED STATES OF AMERICA v. JEFFREY R. MACDONALD

<center><img width="300" src="http://farm4.static.flickr.com/3084/2623624966_fa968920c4.jpg?v=0"></center> <h2><center><a href="http://www.morelawsuites.com" target="_new">MoreLaw Suites - Legal Suites and Virtual Offices</a> The Best Places In Downtown Tulsa To Practice Law 406 South Boulder and 625 South Denver - 918 - 582-3993 </h2> ... More...

$0 (12-21-2018 - NC)

U.S. Tobacco Cooperative, Inc. v. Big South Wholesale of Virginia, L.L.C.

Defendants Jason Carpenter, Christopher Small, Big South Wholesale, LLC, and Big South Wholesale of Virginia, LLC, d/b/a Big Sky International, appeal the district judge’s order granting a motion to reconsider a predecessor district judge’s order which had granted Defendants’ petition to substitute the United States as a party defendant under the Westfall Act. See 28 U.S.C. § 2679(b). The W... More...

$0 (08-04-2018 - NC)

Thomas M. Cannon v. Village of Bald Head Island

In August 2014, the Village of Bald Head Island, N.C. (“Bald Head”), fired Plaintiffs Thomas Cannon, Jesse Conner, Donald Koons, and Nicholas Terrell (collectively, the “Officers”)—who worked for Bald Head’s Department of Public Safety (the “Department”)—for the content of messages the Officers sent in a private text-message chain. Approximately one year later, the Officers filed... More...

$0 (05-30-2018 - NC)

Bobbydyne McMillan v. Cumberland County Board of Education; Joseph M. Locklear

Appellant Bobbydyne McMillan was employed by the Cumberland County Board of Education (“CCBE”) and resigned following an investigation into her conduct during the course of her employment. She appeals the district court’s grant of summary judgment in favor of the Defendants, CCBE, and Joseph M. Locklear,1 Associate Superintendent of Human Resources, on her 42 U.S.C. § 1983 F... More...

$0 (04-03-2018 - NC)

Teresa Ann Hensley v. Michael Scott Price

Deputies Michael Price and Keith Beasley (collectively, the “Deputies”)—both employed by the Haywood County, North Carolina, Sheriff’s Department—shot and killed David Hensley outside his home on the morning of August 9, 2012. The plaintiffs—Hensley’s widow and two daughters—brought suit against the Deputies in both their individual and official capacities under 42 U.S.C. § 1983 a... More...

$0 (11-25-2017 - NC)

United States of America v. Hemza Menade Lefsih

A jury convicted Hemza Menade Lefsih, an Algerian native who entered the United States through the Diversity Immigrant Visa Program, of immigration fraud. During Lefsih’s trial, the district court interjected numerous times, expressing skepticism of the Diversity Immigrant Visa Program and a negative impression of individuals who participate in the program. We find that this judicial interventio... More...

$0 (08-14-2017 - NC)

State Of South Carolina v. Ortho-McNeil-Janssen Pharmaceuticals

Appellant Ortho-McNeil-Janssen Pharmaceuticals (Janssen) is a pharmaceutical company that manufactures the antipsychotic drug Risperdal. Risperdal is among a class of drugs prescribed primarily for the treatment of schizophrenia. The Attorney General of South Carolina believed that Janssen had violated the South Carolina Unfair Trade Practices Act (SCUTPA)2 by engaging in unfair methods of compet... More...

$248649400 (12-28-2015 - NC)

Sandhill Amusements, Inc. v Sheriff of Onslow County

Onslow County Sheriff Ed Brown ("Sheriff Brown") appeals from orders entered on 4 November 2013 denying his motions to dismiss under Rule 12 as well as granting a preliminary injunction in favor of plaintiffs Sandhill Amusements, LLC n 2 July 2013, Alcohol Law Enforcement ("ALE") Special Agent Kenny Simma ("Agent Simma"), Assistant Supervisor Keith Quick ("Agent Quick"), and Onslow County Sheriff'... More...

$0 (10-25-2015 - NC)

Tammy Lou Fontenot v. Taser International, Inc.

Darryl Wayne Turner, age seventeen, died from cardiac arrest after a confrontation with police in which he was struck in the chest by electrical current emitted from a device commonly known as a "taser,â€ manufactured by TASER International, Inc. (TI). The police officer who discharged the taser aimed the device at Turner's chest based on training provided by the Charlotte Mecklenburg Police ... More...

$0 (11-26-2013 - NC)

Maria Nicole Durden v. United States of America

On December 13, 2009, U.S. Army Specialist Aaron Pernell unlawfully entered the home of Maria Durden while inebriated and raped Durden in front of her children. Durden subsequently sued the government pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. Â§ 1346(b), alleging that the Army was negligent and therefore is liable for the sexual assault against her. The government moved to dismis... More...

$0 (11-21-2013 - NC)

Susan C. Turner v. United States of America

This case comes before the Court on an appeal of the district court's grant of summary judgment to the defendant, the United States Coast Guard ("USCGâ€), in a personal injury and wrongful death action. The central issue in the case concerns whether the Coast Guard breached a duty of care in attempting to rescue Susan Turner and her husband, Roger Turner, Jr. Based on the record in this case,... More...

$0 (11-21-2013 - NC)

George Cooper, Sr. v. James Sheehan

Late in the evening of May 2, 2007, George Cooper, Sr., was alerted to the sound of unknown persons outside his mobile home in rural Leland, North Carolina. Lowered shotgun in hand, Cooper stepped out onto his back porch to investigate. Seconds later, he was struck by gunfire. The shots were fired by Brunswick County deputy sheriffs James Sheehan and Brian Carlisle (the "Officersâ€), who were... More...

$0 (11-08-2013 - NC)

United States of America v. Michael Ray Wood

Defendant Michael R. Woods (Woods) was convicted of numerous charges arising from a tax fraud scheme operated through his business of preparing income tax returns for private individuals. In this appeal, Woods argues that his trial was prejudiced by three errors, namely, that the district court improperly restricted Woods' constitutional right to testify in his own defense;... More...

$0 (03-19-2013 - NC)

B. Hancox v. Performance Anesthesia, P.A.

Bradford Scott Hancox, Administrator of the estate of Corporal Latiece Reid Glenn, appeals the August 27, 2010 Order of the district court that dismissed, for want of subject matter jurisdiction, the estate's negligence claims against the United States. See Glenn v. Performance Anesthesia, P.A., No. 5:09-CV-00309, 2010 WL 3420538 (E.D.N.C. Aug. 27, 2010) (the district court's "Opinionâ€). In ... More...

$0 (11-23-2011 - NC)

Michael S. Adams v. The Trustees of the University of North Carolina-Wilmington

Michael S. Adams appeals from the judgment of the District Court for the Eastern District of North Carolina awarding summary judgment to the sixteen defendants (collectively "Defendants"), each of whom is affiliated with Adams' employer, the University of North Carolina-Wilmington ("UNCW" or "the University").1 Adams brought three claims against the Defendants alleging religious and speech-based d... More...

$0 (04-06-2011 - NC)

Dennis Crosby v. City of Gastonia

Retired officers of the Gastonia, North Carolina Police Department appeal the district court's judgment in favor of the City of Gastonia with respect to several claims arising from the failure of the Gastonia Policemen's Supplemental Pension Fund (the "Fund"). The judgment incorporated by reference the court's final Order, which dismissed the officers' federal claim and granted summary judgment to... More...

$0 (03-10-2011 - NC)

Town of Midland v. Harry T. Morris

The Transcontinental Pipeline transports and distributes natural gas from the Gulf of Mexico to the northeastern United States. In April 2002, the City of Monroe, North Carolina, decided to supply the citizens of Monroe and the surrounding area with natural gas by a direct connection between its natural gas distribution system and the Transcontinental Pipeline. To directly connect to the Transcont... More...

$0 (01-18-2011 - NC)

H.B. Rowe Company v. W. Lyndo Tippett

This case arises from the attempt by the people of North Carolina and their elected representatives to end racial and gender-based discrimination in state highway construction subcontracting. The State's statutory schemeâ€”the product of extensive study and refinement in response to developments in federal lawâ€”requires prime contractors to engage in good faith efforts to satisfy partic... More...

$0 (07-22-2010 - NC)

Hayluri Beckles-Palomarres v. Michael Andrew Logan, Jr.

On 20 May 2006, seven-year-old Joshua Beckles-Palomares1 ("Joshuaâ€) was riding his bicycle south on Freeman Street in Winston-Salem, down a slight grade and approaching a "Tâ€ intersection with Wells Street. The intersection is controlled by a stop sign requiring vehicles on Freeman Street to stop before entering Wells Street. Michael Logan ("defendant Loganâ€) was driving his spor... More...

$0 (02-11-2010 - NC)

Boyce & Isley, PLLC, et al. v. Roy A.Cooper, III, The Cooper Committee, Julia White, Stepehn Bryant and Kristi Hyman

Defendants North Carolina Attorney General Roy A. Cooper, III, his campaign committee for the 2000 election for North Carolina Attorney General (the "Cooper Committeeâ€), and three employees of the Cooper Committee, Julia White, Stephen Bryant, and Kristi Hyman, (hereinafter, collectively referred to as "defendantsâ€), appeal from an interlocutory order entitled "Order, Following In Cam... More...

$0 (03-24-2009 - NC)

Dennis Green v. City of Raleigh, et al.

This appeal involves challenges to the constitutionality of city ordinances requiring those who wish to picket on public ways to provide the city with prior notice of this intent and comply with certain restrictions while picketing. The district court held that the ordinances do not violate the First Amendment. We affirm. I. On August 23, 2003, Dennis Green and at least ten others ... More...

$0 (04-24-2008 - NC)

<a href="http://pacer.ca4.uscourts.gov/opinion.pdf/021761.P.pdf" target="_new">Michael Bailey, et al. v. D.H. Kennedy; D.B. Whitley; Mike Crisp; City of Hickory</a>

Officers D.H. Kennedy, D.B. Whitley, Mike Crisp, and the City of Hickory appeal the district court's denial of qualified immunity and public officers' immunity on several of Michael, Jane, and Billy Bailey's federal constitutional and state law claims. The Baileys' claims arose in connection with two separate incidents: the seizure of Michael Bailey1 on May 27, 1998, inside the home of his... More...

$0 (11-19-2003 - NC)

<a href="http://www.aoc.state.nc.us/www/public/sc/opinions/2003/117-02-1.htm" target="_new">Angela Dawes v. Nash County and Nash County Emergency Medical Services</a>

This case arises out of a negligence claim against emergency medical technicians (EMTs) employed by defendant Nash County. Plaintiff contends that Nash County has waived the defense of sovereign immunity by purchasing an insurance policy pursuant to N.C.G.S. § 153A-435. Defendant Nash County argues that the proper interpretation of the policy does not provide insurance coverage for the county ... More...

$0 (09-09-2003 - NC)

<a href="http://pacer.ca4.uscourts.gov/opinion.pdf/012280.P.pdf" target="_new">Edward Arthur Jones v. Richard Buchanan, et al.</a>

This appeal arises out of an incident in which a North Carolina deputy sheriff knocked Edward Arthur Jones to the floor in the sheriff's office and then jumped on him, crushing Jones's nose, lacerating his lips and nose, and bruising his ribs. Prior to the deputy's use of force, Jones, although drunk and yelling obscenities, was unarmed and in a secured room; moreover, Jones maintains that... More...

$0 (04-15-2003 - NC)

<a href="http://pacer.ca4.uscourts.gov/opinion.pdf/012462.U.pdf" target="_new">Henderson Amusement, et al. v. Daniel J. Good, Sheriff of Rutherford County, North Carolina</a>

Henderson Amusement, Inc. ("Henderson Amusement")1 brought this action against Daniel J. Good ("Sheriff Good"), Sheriff of Rutherford County, North Carolina, in both his personal and official capacities. Henderson Amusement alleges, inter alia, that Good violated its Fourth Amendment rights when he seized its video gaming machines pursuant to a newly enacted North Carolina state law. Sheriff ... More...

$0 (03-12-2003 - NC)

<a href="http://www.aoc.state.nc.us/www/public/coa/opinions/2003/unpub/020483-1.htm" target"_new">Hollifield v Hickory</a>

Plaintiffs are the personal representatives of Marie Self, Kathy Marie Styles and Toni Ruth Self ("decedents") who were killed in an automobile collision which occurred 17 February 1997 in Hickory, N.C. Plaintiffs brought this action against the City of Hickory and four law enforcement officers employed by the City seeking compensatory and punitive damages. In their complaint, plaintiffs all... More...

$0 (02-04-2003 - NC)

<a href="http://www.aoc.state.nc.us/www/public/coa/opinions/2002/020009-1.htm" target"_new">Brown v. North Carolina Division of Motor Vehicles</a>

This action challenges defendant's fee for handicapped parking placards as being an unlawful surcharge in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 (1990). Plaintiffs originally filed suit in federal court on 7 August 1996. The U.S. District Court dismissed the action, and the Fourth Circuit Court of Appeals affirmed the dismissal. On 12 March 1999, while awaiting ... More...

$0 (12-31-2002 - NC)

<a href="http://www.aoc.state.nc.us/www/public/coa/opinions/2002/020065-1.htm" target="_new">John Andrew Clayton III v. T.H. Branson, et al.</a>

John A. Clayton, III, (plaintiff) sued T.H. Branson, (Branson), the Greensboro Police Department (defendant police) and the City of Greensboro (defendant city) for negligently injuring plaintiff and negligent construction and installation of prisoner shields in the police cars. Defendants asserted governmental immunity on the grounds that all of the alleged actions were within the performance of a... More...

$0 (10-16-2002 - NC)

<a href="http://www.aoc.state.nc.us/www/public/coa/opinions/2002/010351-1.htm" target="_new">Susan Erickson Hutton v. Melanie Logan</a>

Plaintiff Susan (Erickson) Hutton appeals the trial court's granting of defendant Melanie Logan's motion for directed verdict entered 23 August 2000 finding that plaintiff was contributorily negligent as a matter of law. The suit by plaintiff arose from an automobile accident that occurred on 19 January 1994 in Orange County. The accident occurred on Dairyland Road, which was described by ... More...

$0 (08-06-2002 - NC)

<a href="http://pacer.ca4.uscourts.gov/cgi-bin/getopn.pl?OPINION=011693.P" target="_new">Samuel Antrican v. Odom</a>

Several North Carolina Medicaid beneficiaries commenced this class action under 42 U.S.C. S 1983 against North Carolina State officials to obtain (1) a declaratory judgment that dental screening and treatment services provided to minors in North Carolina under the Medicaid program are inadequate and fail to comply with the require- ments of the Medicaid Act and (2) an injunction requiring the ... More...

$0 (05-09-2002 - NC)

<a href="http://www.aoc.state.nc.us/www/public/coa/opinions/2002/unpub/010663-1.htm" target"_new">Padgett v Pro Sports, Inc.</a>

This appeal arises from the trial court's refusal to dismiss allegations that Iredell-Statesville Board of Education negligently provided an unsafe bat for students to use in ball game activities, and failed to adequately inspect the bat. The pertinent facts stem from a wiffle ball game at school in which a classmate lost his grip on a bat that struck the minor plaintiff causing permanent injury t... More...

$0 (05-07-2002 - NC)

<a href="http://www.aoc.state.nc.us/www/public/coa/opinions/2002/010039-1.htm" target="_new">Bostic Packaging, Inc v. City of Monroe</a>

Plaintiffs appeal from the order of the trial court granting summary judgment in favor of defendant. For the reasons stated herein, we reverse the order of the trial court. On 10 May 1999, Bostic Packaging, Inc. (“Bostic”) filed a complaint against the City of Monroe (“defendant”) in Union County Superior Court. The complaint alleged that Bostic operated a packaging m... More...

$0 (04-16-2002 - NC)

<a href="http://www.aoc.state.nc.us/www/public/coa/opinions/2001/001129-1.htm" target="_new">Kathy A. Wood and Evalyn Gonzalez v. North Carolina State University</a>

North Carolina State University (“NCSU”) appeals an order granting the plaintiffs' motion to strike its defense of sovereign immunity and denying its motion to dismiss, which the court converted to a motion for summary judgment, on the ground of sovereign immunity. Because we hold that to the extent NCSU's sovereign immunity was waived, jurisdiction is in the Industrial Commission, we ... More...

$0 (12-04-2001 - NC)

<a href="http://www.aoc.state.nc.us/www/public/coa/opinions/2001/000635-1.htm" target="_new">KEITH BRENT VEST v. MICHAEL F. EASLEY, et al.</a>

Defendants appeal from a partial denial of summary judgment granted in favor of plaintiff, Keith Brent Vest, who had brought an action requesting both damages and a declaratory judgment regarding his parole eligibility status. For the reasons stated herein, we reverse in part and dismiss in part. The facts are as follows: In March 1990, plaintiff was convicted of assault with a deadly weapon w... More...

$0 (07-17-2001 - NC)

<a href="http://www.aoc.state.nc.us/www/public/coa/opinions/2001/000436-1.htm" target="_new">PAMELA STAMPER, Plaintiff v. CHARLOTTE-MECKLENBURG BOARD OF EDUCATION, A Body Politic, Defendant </a>

Plaintiff appeals from the trial court's grant of summary judgment to defendant on plaintiff's claim for intentional infliction of emotional distress. We affirm the trial court. In her complaint and in a supporting affidavit, plaintiff alleged the following: she served for many years as an exemplary teacher with the Charlotte-Mecklenburg Schools. However, in the fall of 1996, when plaintiff ... More...

$0 (04-17-2001 - NC)

<a href="http://www.aoc.state.nc.us/www/public/coa/opinions/2001/000592-1.htm" target="_new">SHELLEY AUSTIN WOOD, Plaintiff, v. GUILFORD COUNTY, BURNS INTERNATIONAL SECURITY SERVICES CORPORATION, f/k/a BORG-WARNER PROTECTIVE SERVICES CORPORATION and

Guilford County (Defendant) appeals an order dated 29 March 2000 (the Order) in favor of Shelley Austin Wood (Plaintiff) denying Defendant's Rule 12(b)(6) motion to dismiss the first, second, and fourth claims for relief of Plaintiff's complaint. On 30 July 1999, Plaintiff filed a complaint against Defendant and Burns International Security (Burns), f/k/a Borg-Warner Protective Services Co... More...

$0 (05-15-2001 - NC)

<a href="http://www.aoc.state.nc.us/www/public/coa/opinions/2001/000629-1.htm" target="_new">Jane Doe v. Rodney Edward Jenkins and Orange County</a>

UnknownPlaintiff brought this action seeking damages for physical and emotional injuries sustained after she was brutally attacked and raped in a restroom at the Orange County Courthouse in Hillsborough, North Carolina on 14 September 1998. In her complaint, plaintiff alleged that defendant Rodney Jenkins followed her into a women's restroom at the courthouse, locked the door from the inside and, ... More...

$0 (06-05-2001 - NC)

<a href="http://www.aoc.state.nc.us/www/public/coa/opinions/2001/000470-1.htm" target="_new">GLEN RAEFORD MABREY, JR., Administrator of the Estate of GLEN RAEFORD MABREY, SR., v . JAMES SMITH, M.D. MOHAMMAD AKTARUZZAMAN, M.D. (Also k

Defendants appeal from an order denying their motions to amend, motions to dismiss on grounds of public official immunity and motions for judgment on the pleadings. Defendants set forth two assignments of error. Plaintiff's father, Glen Raeford Mabrey, Sr., the decedent, was serving a prison term at Umstead Correctional Unit. On 21 February 1996, he was transferred to the Central Prison M... More...

$0 (06-05-2001 - NC)