Case law

Opinions from 1658 to today.

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1,198 results

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  • Manuel

    District Court, W.D. North Carolina · Mar 27, 2026

    Your condition is not reflected on your PULHEAT as an issue so at this time you do not qualify for a chair. … I will have the provider review and see if changes need to be made to your activity level and restrictions if you are to qualify for a chair.

    Cited 0 timesUnknown
  • Moore v. Lassiter

    District Court, W.D. North Carolina · Aug 12, 2024

    Qualified Immunity “Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably … was clearly established at the time of the alleged violation.”

    Cited 0 timesUnknown
  • Norman v. Brown

    District Court, W.D. North Carolina · Aug 30, 2023

    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

    Cited 0 timesUnknown
  • Whitener v. The Rutherford County Detention Center

    District Court, W.D. North Carolina · Sep 1, 2023

    Qualified Immunity “Qualified immunity protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably believe … “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

    Cited 0 timesUnknown
  • United States v. Lewis

    730 F. Supp. 691 · District Court, W.D. North Carolina · Feb 14, 1990

    Second, the Government must establish that the transaction has no economic substance. … Id. at 94-95 . *695 In this case, dismissal of the indictment is clearly inappropriate based on the rationale of Frank Lyon Co.

    Cited 2 timesPublished
  • Mungro v. Tate

    District Court, W.D. North Carolina · Mar 16, 2021

    Third, Defendants Enright and Gleason are immune from suit under the doctrine of prosecutorial immunity, Imbler v. … Pachtman, 424 U.S. 409, 419 (1976), and Defendant FNU LNU is similarly immune from suit based on quasi-judicial immunity, Anderson v. Patterson, No. 6:16-cv-00761, 2016 WL 11410926, at *5 (D.S.C.

    Cited 0 timesUnknown
  • Neal v. General Motors Corp.

    266 F. Supp. 2d 449 · District Court, W.D. North Carolina · Jun 11, 2003

    Congress enacted ERISA to establish “a comprehensive statutory scheme” to govern employee benefit plans. Singer v. Black & Decker Corp., 964 F.2d 1449, 1452 (4th Cir.1992). … Pursuant to the Qualified Domestic Relations Order (QDRO), Ms. Godby-Neal received 50% of Mr.

    Cited 1 timesPublished
  • Hoover v. Celebrezze

    235 F. Supp. 147 · District Court, W.D. North Carolina · Oct 14, 1964

    The hearing examiner, in his report, set forth ‘that the reports of all the neurosurgeons who saw claimant and who, from training, are best qualified to determine the remediability of claimant’s impairment, which is primarily … a matter of pain, clearly show that his condition is remediable and his ability to work could be substantially improved’ [by surgery].”

    Cited 3 timesPublished
  • Bartges v. UNIVERSITY OF N. CAROLINA AT CHARLOTTE

    908 F. Supp. 1312 · District Court, W.D. North Carolina · Nov 6, 1995

    Bartges was paid more even though she was much less qualified than Wiseman. … The résumés of the coaches selected by Bartges clearly indicate that they were much more qualified.

    Cited 9 timesPublished
  • Beckham v. The State of North Carolina

    District Court, W.D. North Carolina · May 31, 2024

    As a pro se inmate, the Plaintiff is not qualified to prosecute a class action or assert a claim on behalf of others. See Myers v. Loudoun Cnty. Pub. … . § 1983 barred by sovereign immunity of North Carolina). The Plaintiffs claims are barred by sovereign immunity and cannot proceed.

    Cited 0 timesUnknown
  • Harding v. Schetter

    District Court, W.D. North Carolina · Aug 25, 2022

    Additionally, Defendant Moody is entitled to qualified immunity. … Qualified immunity shields “government officials performing discretionary functions … from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of

    Cited 0 timesUnknown
  • Ray

    District Court, W.D. North Carolina · Mar 19, 2026

    Moreover, prosecutors are immune from suit under the doctrine of prosecutorial immunity, and “the People of North Carolina,” especially as members of a grand jury, are not subject to suit under § 1983. … Therefore, at this stage, the Plaintiff has failed to meet any of the requirements for establishing exceptional circumstances necessitating the appointment of counsel. V.

    Cited 0 timesUnknown
  • Crawford v. Burke County District Attorney's Office

    District Court, W.D. North Carolina · Jun 7, 2021

    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

    Cited 0 timesUnknown
  • Morrow v. Harkleroad

    258 F. Supp. 2d 418 · District Court, W.D. North Carolina · Mar 24, 2003

    The state court’s application of clearly established law must be objectively unreasonable. Lockyer v. … established Federal law.”

    Cited 2 timesPublished
  • Allen v. City of Mount Holly

    District Court, W.D. North Carolina · May 16, 2022

    App. 2002) (City, Chief of Police, and City Manager immune from suit based on wrongful termination based upon governmental immunity). … Even if Plaintiff had properly plead a waiver of governmental immunity, however, her claim still fails.

    Cited 0 timesUnknown
  • Simpson v. MacOn County, NC

    132 F. Supp. 2d 407 · District Court, W.D. North Carolina · Jan 19, 2001

    Eli Lilly & Co., 173 F.3d 853 (table), 1999 WL 150768 , *1 (4th Cir.1999) (“The non-mov-ant must point to specific evidence establishing a triable dispute, and cannot rely upon bare allegations.”) … Finally, this Court need not decide whether the Defendants would be entitled to qualified immunity and immunity from actions based on a theory of respondeat superior brought against a government entity, as the undersigned

    Cited 4 timesPublished
  • McNeill v. Allen

    106 F. Supp. 3d 711 · District Court, W.D. North Carolina · May 26, 2015

    cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint is frivolous, malicious, or fails to state a claim upon which relief may be granted; or seeks monetary relief from a defendant who is immune … In its frivolity review, this Court must determine whether the Complaint raises an indisputably meritless legal theory or is founded upon clearly baseless factual contentions, such as fantastic or delusional scenarios.

    Cited 0 timesPublished
  • ALAN PATRICK HALL v. LOWELL GRIFFIN

    District Court, W.D. North Carolina · Jan 8, 2026

    review and identify and dismiss the complaint, or any portion of the complaint, if it is frivolous, malicious, or fails to state a claim upon which relief may be granted; or seeks monetary relief from a defendant who is immune … , or activities for which he was otherwise qualified; and (3) such exclusion, denial of benefits, or discrimination was by reason of his disability.

    Cited 0 timesUnknown
  • Williams v. Iredell County Detention Center

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

    However, judges are immune from suit under the doctrine of judicial immunity. See Stump v. … And prosecutors are immune from suit under the doctrine of prosecutorial immunity. Imbler, 424 U.S. at 419.

    Cited 0 timesUnknown
  • Chao v. North Carolina Growers Ass'n

    280 F. Supp. 2d 500 · District Court, W.D. North Carolina · Sep 4, 2003

    Again, this clearly indicates the DOL’s position that Christmas tree farming does not qualify as agriculture — and thus is not exempt from section 207 of the Act — unless it falls within the secondary meaning of that term … As clearly as sections 780.115 and 780.208 exclude the growing and harvesting of Christmas trees from the definition of agriculture, sections 780.201 and 780.200 equally clearly bring Christmas tree workers within the realm

    Cited 4 timesPublished

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