Case law

Williams v. Ohio Nat'l Life Assurance Co.

364 F. Supp. 3d 605 · District Court, W.D. North Carolina · Jan 30, 2019

This language seems to clearly state that any of those items would be covered under the Policy. … The Plaintiff has failed to establish a genuine issue of material fact on all three required elements.

Thomas v. McFadden

District Court, W.D. North Carolina · Sep 23, 2025

immunity. … “If an Eighth Amendment violation based on deliberate indifference is plausibly alleged, then qualified immunity does not apply at the motion to dismiss stage.” King v.

Anderson v. The State of North Carolina

District Court, W.D. North Carolina · Mar 18, 2024

Judges are immune from suit under the doctrine of judicial immunity. See Stump v. … immunity, as the Plaintiff has not alleged the violation of a clearly established right.

Grady v. Smith

District Court, W.D. North Carolina · Jun 21, 2022

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

Stricklin v. Stefani

358 F. Supp. 3d 516 · District Court, W.D. North Carolina · Dec 17, 2018

The *522 record establishes, the parties agree, and/or the parties do not dispute the following. A. … Generally, whether a plaintiff has established the requisite elements of negligence is a matter for the jury. Id.

Scott v. Harven A. Crouse Detention Center

District Court, W.D. North Carolina · Nov 9, 2023

Additionally, Defendant Morel 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

Perez v. Morrison

District Court, W.D. North Carolina · Sep 6, 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

Braun v. Braun

District Court, W.D. North Carolina · May 3, 2023

“Actions taken prior to a determination to pursue judicial action are protected by qualified immunity, while actions taken in the judicial phase are protected by absolute immunity.” Kline v. … Garrison, 100 F.3d 344, 349 (4th Cir. 1996) (addressing qualified immunity). The allegations against Ms.

Kestler v. North Carolina Local Governmental Employees' Retirement System

808 F. Supp. 1220 · District Court, W.D. North Carolina · Dec 16, 1992

The Retirement Plan benefits were established by N.C.Gen.Stat. § 143-166 et seq. 5. … Clearly, such lawsuits would be dismissed for lack of ripeness. 11. Defendants also argue that the plaintiff’s claims are barred by the doctrine of laches.

Orr v. Cothron

District Court, W.D. North Carolina · Jul 30, 2024

Defendants Price and Cothron stated that Plaintiff’s assignment to RHCP qualified him for the RDU. [Id. at 6]. … The July 6, 2021 write-up that qualified Plaintiff for the RDU, however, had been dismissed on September 29, 2021.

Gilliard v. Craig

331 F. Supp. 587 · District Court, W.D. North Carolina · Jun 10, 1971

The language of Section 1983 granting redress for the deprivation of any right, privilege or immunity has been consistently construed to embrace only a right, privilege or immunity pertaining to `personal liberty, not dependent … Here there is a "reasonable basis" for the regulation and it can clearly be justified. The need of dependent children is an evergrowing problem and there is a limited amount of funds.

Connecticut Indemnity Co. v. Carrier Haulers, Inc.

197 F.R.D. 564 · District Court, W.D. North Carolina · Nov 17, 2000

Work Product Documentary evidence qualifies as work product if it is prepared “in anticipation of litigation.” National Union Fire Ins. v. Murray Sheet Metal, 967 F.2d 980, 984 (4th Cir.1992). … McMiekle clearly responds that those concerns could not be answered until after Mr.

Barcelo v. Welch

District Court, W.D. North Carolina · Sep 27, 2023

Plaintiff alleges that Congress had abrogated states’ sovereign immunity for certain ADA claims. … Plaintiff alleges, in conclusory fashion, that she “is a qualified individual with a disability within the meaning of the ADA.” (Doc. No. 1, ¶ 4.1).

Barber v. City of Conover

73 F. Supp. 2d 576 · District Court, W.D. North Carolina · Mar 5, 1999

Ellerth, 524 U.S. 742 , 118 S.Ct. 2257 , 141 L.Ed.2d 633 (1998). 6 *586 The record before the Court clearly establishes that Plaintiff complained about Chief Poovey’s conduct in August 1995, following which the City — whether … her from qualifying.

Callahan v. Celebrezze

242 F. Supp. 507 · District Court, W.D. North Carolina · Jun 21, 1965

. *509 In order to establish his claim for a period of disability and disability insurance benefits, claimant must show that he was under a disability, as defined in the Act. … The medical evidence in this case clearly shows medically determinable impairments; the conflict in the evidence is only as to the degree of severity of the impairments.

Carter v. Morrow

562 F. Supp. 311 · District Court, W.D. North Carolina · Apr 15, 1983

Many of those children qualify for and receive AFDC (Aid to Families with Dependent Children) payments; many others do not. … Parents located 5.8% 6.9% 1.1% 2.0% 3.8% 1.8 Paternity established 1.9% 2.2% .3% .4% .9% Paternity established by court .3% .3% 0 .05% .1% .05% Support obligations established 3.2% '3.6% .4% 1.0% 2.4% Support obligations

Smith v. Board of Governors of University of North Carolina

429 F. Supp. 871 · District Court, W.D. North Carolina · Mar 30, 1977

The qualified colleges were the same as those qualified to participate in the 1971 scholarship program. Each qualified student attending an approved institution on a full time basis must apply for the tuition grant. … were established by Methodists, some of which impose religious restrictions upon the selection of recipients.

Equal Employment Opportunity Commission v. Ryder/PIE Nationwide, Inc.

649 F. Supp. 1282 · District Court, W.D. North Carolina · Dec 10, 1986

Green, a prima facie case can be established by showing: (1) the complainant belongs to a protected class; (2) the complainant was qualified for the job; (3) though qualified, the complainant was rejected; and (4) the employer … Exhibits 9 and 10 of the EEOC clearly indicate that the Jifflox is a substantial piece of equipment, worthy of due precaution and respect. (16) Britt’s recommendation and Houser’s ultimate decision were further supported

United States v. Kilpatrick

16 F. 765 · District Court, W.D. North Carolina · May 15, 1883

Law J. 259 ,) very clearly defined his views as to the powers and duties of grand juries in the federal courts. … When he comes into a court of justice as a witness he is entitled to all the privileges and immunities of other witnesses; nothing more and nothing less.

Jones

District Court, W.D. North Carolina · Aug 14, 2026

, or activities for which he was otherwise qualified; and (3) such exclusion, denial of benefits, or discrimination was by reason of his disability. … Retaliation An inmate has a clearly established First Amendment right to be free from retaliation for filing lawsuits. See Booker v. S.C.