Case law

Kelso v. Homelite, a Division of Textron, Inc.

661 F. Supp. 477 · District Court, W.D. North Carolina · Jun 12, 1987

This is clearly a business decision and could not be construed to be pretextual. … Tool makers were qualified to perform tool grinding work, but tool grinders were not qualified to perform tool making *481 work. Mr. Fletcher was asked for his recommendation.

Cincinnati Insurance v. Zurich Insurance

198 F.R.D. 81 · District Court, W.D. North Carolina · Jul 24, 2000

As a result, opinion work product enjoys a nearly absolute immunity and can be discovered only in very rare and extraordinary circumstances. Chaudhry, 174 F.3d at 403 (internal citations omitted) (emphasis added). … Therefore, Zurich clearly cannot establish an exception to work product on the ground of “substantial need and inability to [otherwise] secure” the information. Id. However, that is not the end of the analysis.

Rosado v. Langdon

District Court, W.D. North Carolina · May 8, 2024

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. … , or activities for which he was otherwise qualified; and (3) such exclusion, denial of benefits, or discrimination was by reason of his disability.

Brown v. Hernandez

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

The Plaintiff alleges that the Defendants violated the ADA by denying his ADA requests for approximately two years even though the Plaintiff was “clearly eligible.” [Id. at 4]. … determine whether it is subject to dismissal on the grounds that it is “(i) frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune

Murray v. Beaver

District Court, W.D. North Carolina · Jul 20, 2021

Qualified Immunity Additionally, Defendants argue they are entitled to qualified immunity. [Doc. 57 at 23-24]. … 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

Osnarque v. Bender

District Court, W.D. North Carolina · Feb 13, 2023

Lack, 487 U.S. 266, 276 (1988) (establishing the prisoner mailbox rule); Lewis v. … Rice, 40 F.3d 72, 75 (4th Cir. 1994) (“Legally frivolous claims are based on an ‘indisputably meritless legal theory’ and include ‘claims of infringement of a legal interest which clearly does not exist.’”).

Moran v. Polk County

District Court, W.D. North Carolina · Sep 3, 2019

to qualified immunity.” … Here, as noted, Plaintiff’s Amended Complaint does not establish that Levitsky’s federal rights were violated by Officer McCrary. Therefore, in the alternative, Officer McCrary is also entitled to qualified immunity.

Hamrick v. Rutherford County

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

The Plaintiffs concede that the Defendants are entitled to summary judgment with respect to the 6 Because the Defendants did not violate any of the Plaintiffs’ clearly established rights, the Defendants are also entitled … to qualified immunity.

Pettis v. Jones

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

Defendants also argue that they are entitled to qualified immunity. [Id. at 12-16, 18-21]. … established.

Williams v. Kemp

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

Feb. 13, 1998) (finding that, even if plaintiff had stated a Bivens claim, probation officer defendant who acted reasonably in enforcing a court order was entitled to qualified immunity); Ray v. … Picket, 734 F.2d 370 (8th Cir. 1984) (holding probation officers were entitled to qualified immunity for their roles in petitioning for probation revocation).

Simmons v. McMillion

District Court, W.D. North Carolina · Dec 6, 2023

Officer Marlow argues, however, that he is shielded from Plaintiff’s § 1983 excessive force claim by qualified immunity. [Doc. 51 at 20]. … The forecast of evidence does not conclusively show that Officer Marlow’s use of force in detaining Plaintiff was objectively reasonable; thus Officer Marlow’s Motion for Summary Judgment based on qualified immunity must

McClure v. Charlotte-Mecklenburg Board of Education

District Court, W.D. North Carolina · Feb 2, 2022

Plaintiff has filed claims for (1) negligence and gross negligence under North Carolina tort law; (2) violations of his clearly established rights under the United States Constitution under 42 U.S.C. § 1983; and (3) violations … the Board waived governmental immunity.”

Fuller v. Slagle

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

Baltimore Cnty., Md., 913 F.2d 113, 120 (4th Cir. 1990) (“A serious psychological impairment can qualify as [a serious] medical need.”). … programs, or activities for which he was otherwise qualified; and (3) such exclusion, denial of benefits, or discrimination was by reason of his disability.

Rosado v. Langdon

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

The Court dismissed Plaintiff’s official capacity claims as barred by sovereign immunity. [Id. at 5]. … 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.

Pagan v. Brogdon

District Court, W.D. North Carolina · Nov 7, 2023

On July 20, 2023, the Clerk ordered Plaintiff’s correctional facility to provide Plaintiff’s most recent trust fund account statement to the Clerk to determine whether Plaintiff qualifies for IFP status. [Doc. 4]. … 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

Baker v. Bauman

District Court, W.D. North Carolina · Feb 13, 2024

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 … 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 U.S.C. § 1367

Laney v. The Sheriff

District Court, W.D. North Carolina · Apr 26, 2022

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 … Thus, “[t]o have standing to bring this Section 1983 action, which is in the nature of a wrongful death action, plaintiff must first be qualified and appointed under North Carolina law as the administrat[or]

Goodrich Corp. v. United States

846 F. Supp. 2d 445 · District Court, W.D. North Carolina · Jan 18, 2012

control did not qualify for a deduction.” … The courts clearly held that something — be it agreement or affirmative assent — was required in order for the taxpayer to qualify for the deduction.

Grace v. Family Dollar Stores, Inc.

845 F. Supp. 2d 653 · District Court, W.D. North Carolina · Feb 27, 2012

The pre-2004 regulations set forth both a “short” and “long” test for determining whether an employee qualifies as an exempt executive. See 29 C.F.R. § 541.1 (pre-2004). … Section 541.1(f) states clearly, however, that an employee who is compensated for her services on a salary basis of at least $250 per week and who satisfies the tests promulgated by sections 541.1(a)-(b) shall be deemed to

Rehberg v. Flowers Baking Co. of Jamestown, LLC

162 F. Supp. 3d 490 · District Court, W.D. North Carolina · Feb 16, 2016

Plaintiffs argue that any sales made to their customers are incidental to their other responsibilities and do not qualify as a “primary duty.” … Code § 21-5-10)), it clearly provided that a release of claims entered in exchange for less than what an employee is owed is unenforceable.