Case law

Dale v. State of North Carolina 26th Judicial District

District Court, W.D. North Carolina · Jan 25, 2023

In its frivolity review, this Court must determine whether the Complaint raises an indisputably meritless legal theory or is founded upon clearly 3 … Of Columbia, 138 S.Ct. 594, 595 (2018) (when a district court dismisses all claims independently qualifying for the exercise of federal jurisdiction, it “ordinarily dismiss[es] all related state claims.”); 28

Willis v. Baxter International, Inc.

175 F. Supp. 2d 819 · District Court, W.D. North Carolina · Nov 30, 2001

Upon the moving party’s meeting that burden, the nonmoving party has the burden of persuasion to establish that there is a genuine issue for trial. … The opinion of a treating physician may be disregarded where it is inconsistent with clearly established contemporaneous medical records. See 20 C.F.R. § 404.1527 (d)(4).

Equal Employment Opportunity Commission v. Jordan Graphics, Inc.

769 F. Supp. 1357 · District Court, W.D. North Carolina · Aug 12, 1991

Generally, the claimant’s burden is to establish that he or she applied for an available position, for which he or she was better qualified than the successful candidate. … The burden on the Claimants is to establish that they were better qualified than the successful applicants.

Stastny v. Southern Bell Telephone & Telegraph Co.

458 F. Supp. 314 · District Court, W.D. North Carolina · May 12, 1978

As part of the determination of liability, plaintiffs clearly intended and the defendant anticipated litigating questions of whether the four women were qualified for promotions without regard to the specific vacancies for … The Bell system was clearly on notice that broad charges of sex discrimination were pending against it.

Aalaam v. Graham

District Court, W.D. North Carolina · Oct 21, 2024

By well- established authority Defendant Judge Lawrence Graham has absolute judicial immunity from Plaintiff’s claims. Accordingly, Plaintiff’s claims will be DISMISSED. I. … The relief sought here clearly requires this Court to revisit the merits of Judge Graham’s rulings.

Sociedad Espanola de Electromedicina y Calidad, S.A. v. Blue Ridge X-Ray Co.

226 F. Supp. 3d 520 · District Court, W.D. North Carolina · Dec 28, 2016

The Defendants continued to press legitimate defenses at trial that were reasonably based on the evidence and the opinions of a qualified patent attorney, David Carter. … It is the well-established rule in this Court that reply briefs are limited only to new matters.

Murdock v. Thompson

District Court, W.D. North Carolina · Jan 21, 2020

To overcome the qualified immunity defense at the summary judgment stage, the plaintiff must have shown facts that make out a violation of a constitutional right, and the right at issue must have been “clearly established … entitled to qualified immunity.

Joiner v. Revco Discount Drug Centers, Inc.

467 F. Supp. 2d 508 · District Court, W.D. North Carolina · Dec 12, 2006

Hendersen-Webb, Inc., 81 F.Supp.2d 582, 597 (D.Md.1999) (“FCRA provides qualified immunity from state law defamation claims to those who furnish information to a consumer reporting agency.”). … This is clearly not the case.

Reid v. Gaston County

District Court, W.D. North Carolina · Sep 17, 2019

In its frivolity review, a 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. … (2) Gaston County Counties and municipalities, are political subdivisions of a state that can qualify as a “person” under Section

Wilcoxson v. Buncombe County

129 F. Supp. 3d 308 · District Court, W.D. North Carolina · Aug 20, 2014

The alleged evidence withheld, according to Plaintiff, would have established the Plaintiffs innocence and identified the true perpetrators of the murder. [Id. at 54-61]. … The North Carolina Constitution, unlike Alabama’s, places sheriffs clearly within the realm of local government.

Mayse v. Protective Agency, Inc.

772 F. Supp. 267 · District Court, W.D. North Carolina · Jul 18, 1991

The jury’s verdict on Mayse’s emotional distress claim is clearly not binding on the court in its consideration of Mayse’s Title VII claim. … If a prima facie case is established, the defendant must articulate a legitimate, non-discriminatory reason for the challenged decision(s); and 3.

Nichols v. Gamewell

District Court, W.D. North Carolina · Oct 13, 2020

by the doctrine of qualified immunity because Plaintiff cannot establish any constitutional violation. … Accordingly, Gamewell’s motion to dismiss based on qualified immunity is also denied. C.

McCarthy v. Cardella

District Court, W.D. North Carolina · Mar 29, 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

Propst v. HWS Co.

148 F. Supp. 3d 506 · District Court, W.D. North Carolina · Dec 7, 2015

Plaintiff has also produced no evidence suggesting that Smith did not actually believe that Childress, Crawford, and Powell were better qualified than Plaintiff (respecting the criteria he established), or that Smith disregarded … Plaintiff clearly testified that his "job” was to do as he was told and no more. See [Doc. No. 16-1] at pp. 28-30, 33-34 (Plaintiff Deposition).

Johnson v. Continental Casualty Co.

222 F. Supp. 2d 776 · District Court, W.D. North Carolina · Sep 27, 2002

However, de novo review requires consideration of evidence that was not presented to the plan administrator “only when circumstances clearly establish that additional evidence is necessary to conduct an adequate de novo review … The opinion of a treating physician may be disregarded where it is inconsistent with clearly established contemporaneous medical records. See 20 C.F.R. § 404.1527 (d)(4).

Hyatt v. Miller

District Court, W.D. North Carolina · Mar 29, 2023

Defendant May is not entitled to qualified immunity as to this claim. 11. … Defendant May is not entitled to qualified immunity with respect to Plaintiff Hyatt’s unreasonable sexually invasive search claim. 15.

MB Realty Group, Inc. v. Gaston County Board of Education

District Court, W.D. North Carolina · May 14, 2019

Finally, even assuming arguendo the emails are libelous, Philbeck and Roberts are entitled to qualified immunity. See Presnell v. Pell, 260, S.E.2d 611, 614 (N.C. 1979); see, e.g., Kling v. Harris Teeter Inc., 338 F. … Appx. 662 (4th Cir. 2004) (holding that when an otherwise defamatory communication is made in furtherance of a political duty, the declarant is entitled to qualified immunity unless actual malice is shown).

United States v. Stone

116 F. Supp. 3d 680 · District Court, W.D. North Carolina · Jul 10, 2015

It therefore qualifies as a federal sentencing predicate.” … The Court - ultimately views the North Carolina system as establishing different conditions of confinement for convicted felons.

Russell v. University of North Carolina at Charlotte

District Court, W.D. North Carolina · Oct 22, 2020

Plaintiff alleges he has been employed by Defendant since 2009 as the Anne Reynolds Belk Distinguished Professor of Music, a position for which he asserts he is eminently qualified. Id. at 2-3. … Mar. 20, 2019) (“The ADEA did not abrogate state sovereign immunity; Title VII did.” (citation omitted)). Accordingly, sovereign immunity is not a bar to this suit.

McRavion v. Cline

District Court, W.D. North Carolina · Aug 14, 2019

It is well established that police officers who perform discretionary acts are immune from negligence claims. Shaw v. Stroud, 13 F.3d 791, 803 (4th Cir. 1994), cert. denied, 513 U.S. 813 (1994). … The claims against Defendant Sanderson largely relate to the plaintiff’s dissatisfaction with the time that he 6 Defendants also raised qualified immunity as a defense to Plaintiff’s claims.