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

17 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 (3)

CaseFollowedCited
Meyer v. Wallsgreen
nc · 1997 · cited in 14 North Carolina opinions naming this issue, 1998–2023
2 sentences

2023Our case law, however, clearly establishes that judicial immunity protects 10 In an official capacity claim, the plaintiff “seeks recovery from the entity of which the public servant defendant is an agent.” Meyer, 347 N.C. at 110 , 489 S.E.2d at 887 .

2023Our case law, however, clearly establishes that judicial immunity protects 10 In an official capacity claim, the plaintiff “seeks recovery from the entity of which the public servant defendant is an agent.” Meyer, 347 N.C. at 110 , 489 S.E.2d at 887 .

714
Mullis v. Sechrestgreen
· 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
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
State Ex Rel. Hedgepeth v. Swanson green
nc · 1943
2 sentences

2023Although the specific official capacity claim at issue ultimately involved a sheriff, we first noted the general rule that public officers acting in a judicial capacity may assert judicial immunity as a defense “for the honest exercise of [their] judgment though [the] judgment may have been erroneous.” Id. at 444 , 27 S.E.2d at 123 .

2023Although the specific official capacity claim at issue ultimately involved a sheriff, we first noted the general rule that public officers acting in a judicial capacity may assert judicial immunity as a defense “for the honest exercise of [their] judgment though [the] judgment may have been erroneous.” Id. at 444 , 27 S.E.2d at 123 .

12023–2023
Town of Fuquay Springs v. Rowland green
nc · 1954
2 sentences

2023In that case, the town of Fuquay Springs filed suit against a judge in his official capacity, alleging the judge had instructed the clerk of court to refrain from taxing certain fees in select cases. 239 N.C. at 299–300, 79 S.E.2d at 775–76.

2023In that case, the town of Fuquay Springs filed suit against a judge in his official capacity, alleging the judge had instructed the clerk of court to refrain from taxing certain fees in select cases. 239 N.C. at 299–300, 79 S.E.2d at 775–76.

12023–2023
Paquette v. County of Durham green
ncctapp · 2002
1 sentence

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

12014–2014

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 143-291 (5) NC § N.C. Gen. Stat. § 1A-1 (5) 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 17 (1997–2023) TX 4 (2011–2023) AL 3 (2010–2025) AR 2 (2014–2020) IL 2 (2006–2006)

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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