individual-capacity claim (North Carolina) · Go Syfert
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individual-capacity claim in North Carolina

22 North Carolina opinions name it 2 courts 1997–2023 3 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Meyer v. Wallsgreen
nc · 1997 · cited in 18 North Carolina opinions naming this issue, 1998–2023
2 sentences

2021When, as in the instant case, the complaint seeks monetary damages, the claim “is an individual-capacity claim” if “the complaint indicates that the damages are sought . . . from the pocket of the individual defendant.” Meyer, 347 N.C. at 110 (quoting Anita R.

2021When, as in the instant case, the complaint seeks monetary damages, the claim “is an individual-capacity claim” if “the complaint indicates that the damages are sought . . . from the pocket of the individual defendant.” Meyer, 347 N.C. at 110 (quoting Anita R.

818
Mullis v. Sechrestgreen
nc · 1998 · cited in 6 North Carolina opinions naming this issue, 2000–2021
2 sentences

2011If the former, it is an official-capacity claim; if the latter, it is an individual-capacity claim; and if it is both, then the claims proceed in both capacities.” Id. at 552 , 495 S.E.2d at 723 (quoting Meyer v. Walls, 347 N.C. 97, 110 , 489 S.E.2d 880, 887 (1997)).

2011If the former, it is an official-capacity claim; if the latter, it is an individual-capacity claim; and if it is both, then the claims proceed in both capacities.” Id. at 552 , 495 S.E.2d at 723 (quoting Meyer v. Walls, 347 N.C. 97, 110 , 489 S.E.2d 880, 887 (1997)).

36
Loy v. Martingreen
nc · 2001 · cited in 1 North Carolina opinions naming this issue, 2003–2003
1 sentence

2003See id. (listing same factors as grounds for determining claim was an individual-capacity claim).

11
Kentucky v. Grahamgreen
scotus · 1985 · cited in 1 North Carolina opinions naming this issue, 1997–1997
2 sentences

1997Id.; see also Kentucky v. Graham, 473 U.S. 159, 166 , 87 L.

1997Id.; see also Kentucky v. Graham, 473 U.S. 159, 166 , 87 L.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Paquette v. County of Durham green
ncctapp · 2002
1 sentence

2014Paquette v. Cnty. of Durham, 155 N.C.

12014–2014
White v. Crisp green
ncctapp · 2000
1 sentence

2014In White v. Crisp, 138 N.C.

12014–2014
Mabrey v. Smith green
ncctapp · 2001
1 sentence

2003Mabrey v. Smith, 144 N.C.

12003–2003

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 1A-1 (8) NC § N.C. Gen. Stat. § 143-291 (7) NC § N.C. Gen. Stat. § 153A-435 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NC 22 (1997–2023) KY 5 (1994–2021) GA 3 (2014–2024) AR 2 (2022–2022) AL 2 (2017–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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