essence of absolute immunity (North Carolina) · Go Syfert
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essence of absolute immunity in North Carolina

17 North Carolina opinions name it 2 courts 1990–2022 1 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 (5)

CaseFollowedCited
Epps v. Duke University, Inc.green
ncctapp · 1996 · cited in 10 North Carolina opinions naming this issue, 1999–2016
2 sentences

2016This Court allows interlocutory appeals of orders denying motions based on these defenses because "the essence of absolute immunity is its possessor's *37 entitlement not to have to answer for his conduct in a civil damages action." Epps v. Duke Univ., Inc., 122 N.C.App. 198 , 201, 468 S.E.2d 846 , 849 (citations and internal quotation marks omitted), disc. review denied, 344 N.C. 436 , 476 S.E.2d 115 (1996).

2016This Court allows interlocutory appeals of orders denying motions based on these defenses because "the essence of absolute immunity is its possessor's *37 entitlement not to have to answer for his conduct in a civil damages action." Epps v. Duke Univ., Inc., 122 N.C.App. 198 , 201, 468 S.E.2d 846 , 849 (citations and internal quotation marks omitted), disc. review denied, 344 N.C. 436 , 476 S.E.2d 115 (1996).

310
Mitchell v. Forsythgreen
scotus · 1985 · cited in 4 North Carolina opinions naming this issue, 1990–1996
2 sentences

1996The Supreme Court in Mitchell v. Forsyth, explained that “denial of a substantial claim of absolute immunity is an order appealable before final judgment, for the essence of absolute immunity is its possessor’s entitlement not to have to answer for his conduct in a civil damages action.” Mitchell v. Forsyth, 472 U.S. 511, 525 , 86 L.Ed.2d 411, 424 (1985).

1996The Supreme Court in Mitchell v. Forsyth, explained that “denial of a substantial claim of absolute immunity is an order appealable before final judgment, for the essence of absolute immunity is its possessor’s entitlement not to have to answer for his conduct in a civil damages action.” Mitchell v. Forsyth, 472 U.S. 511, 525 , 86 L.Ed.2d 411, 424 (1985).

34
Herndon v. Barrettgreen
ncctapp · 1991 · cited in 4 North Carolina opinions naming this issue, 1996–2007
2 sentences

2005We recognize the non-prevailing party's right to immediate review because "`the essence of absolute immunity is its possessor's entitlement not to have to answer for his conduct in a civil damages action.'" Id. (quoting Epps v. Duke University, Inc., 122 N.C.App. 198, 201 , 468 S.E.2d 846, 849 , disc. rev. denied, 344 N.C. 436 , 476 S.E.2d 115 (1996) (citing Herndon v. Barrett, 101 N.C.App. 636, 639 , 400 S.E.2d 767, 769 (1991))).

2005We recognize the non-prevailing party's right to immediate review because "`the essence of absolute immunity is its possessor's entitlement not to have to answer for his conduct in a civil damages action.'" Id. (quoting Epps v. Duke University, Inc., 122 N.C.App. 198, 201 , 468 S.E.2d 846, 849 , disc. rev. denied, 344 N.C. 436 , 476 S.E.2d 115 (1996) (citing Herndon v. Barrett, 101 N.C.App. 636, 639 , 400 S.E.2d 767, 769 (1991))).

14
Leonard v. Bellgreen
ncctapp · 2017 · cited in 1 North Carolina opinions naming this issue, 2022–2022
1 sentence

2022App. 688, 689 (2001); Leonard v. Bell, 254 N.C.

11
Summey v. Barkergreen
ncctapp · 2001 · cited in 1 North Carolina opinions naming this issue, 2022–2022
1 sentence

2022App. 198, 201 (1996)) (explaining that an interlocutory appeal of an order denying a dispositive motion is allowed because “the essence of absolute immunity is its possessor’s entitlement not to have to answer for his conduct in a civil damages action.’’), disc. review denied, 344 N.C. 436 (1996)); see also Summey v. Barker, 142 N.C.

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 (4)

CaseCitedYears
Epps v. Duke University green
nc · 1996
2 sentences

2022App. 198, 201 (1996)) (explaining that an interlocutory appeal of an order denying a dispositive motion is allowed because “the essence of absolute immunity is its possessor’s entitlement not to have to answer for his conduct in a civil damages action.’’), disc. review denied, 344 N.C. 436 (1996)); see also Summey v. Barker, 142 N.C.

2016This Court allows interlocutory appeals of orders denying motions based on these defenses because "the essence of absolute immunity is its possessor's *37 entitlement not to have to answer for his conduct in a civil damages action." Epps v. Duke Univ., Inc., 122 N.C.App. 198 , 201, 468 S.E.2d 846 , 849 (citations and internal quotation marks omitted), disc. review denied, 344 N.C. 436 , 476 S.E.2d 115 (1996).

91999–2022
Thompson v. Town of Dallas green
ncctapp · 2001
2 sentences

2020CITY OF HIGH POINT Opinion of the Court Dallas, 142 N.C.

2020CITY OF HIGH POINT Opinion of the Court Dallas, 142 N.C.

22020–2020
Price v. Davis green
ncctapp · 1999
2 sentences

2007We recognize the non-prevailing party’s right to immediate review because “ ‘the essence of absolute immunity is its possessor’s *557 entitlement not to have to answer for his conduct in a civil damages action.’ ” Id. (quoting Epps v. Duke University, Inc., 122 N.C.

2005We recognize the non-prevailing party's right to immediate review because "`the essence of absolute immunity is its possessor's entitlement not to have to answer for his conduct in a civil damages action.'" Id. (quoting Epps v. Duke University, Inc., 122 N.C.App. 198, 201 , 468 S.E.2d 846, 849 , disc. rev. denied, 344 N.C. 436 , 476 S.E.2d 115 (1996) (citing Herndon v. Barrett, 101 N.C.App. 636, 639 , 400 S.E.2d 767, 769 (1991))).

22005–2007
Harlow v. Fitzgerald green
scotus · 1982
2 sentences

1990Similarly, the Court concluded that denial of a public official's claim of qualified immunity from suit, to the extent that it turns on the legal questions of whether the conduct complained of violated "clearly established law" (a standard set forth in Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982)), is also appealable as a "final decision" within the meaning of 28 U.S.C. sec. 1291 .

1990Similarly, the Court concluded that denial of a public official's claim of qualified immunity from suit, to the extent that it turns on the legal questions of whether the conduct complained of violated "clearly established law" (a standard set forth in Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982)), is also appealable as a "final decision" within the meaning of 28 U.S.C. sec. 1291 .

11990–1990

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 1A-1 (13) USC § 42u.s.c.1983 (4) NC § N.C. Gen. Stat. § 1-277 (3) NC § N.C. Gen. Stat. § 14-223 (3) NC § N.C. Gen. Stat. § 14-233 (3) NC § N.C. Gen. Stat. § 15A-401 (3) NC § N.C. Gen. Stat. § 20-146 (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 17 (1990–2022) KY 2 (2024–2024) MS 2 (2010–2011)

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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