Case law

Nance v. Union Carbide Corp., Consumer Products Division

397 F. Supp. 436 · District Court, W.D. North Carolina · Apr 28, 1975

At no time during plaintiff’s qualifying period did her foreman or supervisor advise her that she was not making sufficient progress or that her reject rate was higher than the established standards, even though both her … Where employment discrimination has been clearly demonstrated, employees who have been victims of that discrimination must be compensated if economic loss can be established. Johnson v.

Nichols v. Gamewell

District Court, W.D. North Carolina · Aug 2, 2021

Summary judgment is, therefore, appropriate.7 Additionally, Defendants are 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

Thomas S. Ex Rel. Brooks v. Flaherty

699 F. Supp. 1178 · District Court, W.D. North Carolina · Nov 21, 1988

However, the records clearly show that in 1946 she only needed to be spoonfed “at times.” Because of her self-abusive behavior, she was tied down for extensive periods of time. Tr. 48. … The constitutional right of class members to treatment comporting with the judgment of qualified professionals is established. Two questions remain to be decided by the court: 1.

Southeastern Public Safety Group Inc. v. Munn

District Court, W.D. North Carolina · Aug 11, 2021

The Amended Complaint does not clearly reconcile this inconsistency. N.C. GEN. … with State immunity.

Meiselman v. Paramount Pictures, Inc.

86 F. Supp. 554 · District Court, W.D. North Carolina · Sep 8, 1949

Strand Theatre, Incorporated, whose capital stock is owned 100% (except for three qualifying shares) by Paramount Pictures, Inc. … The evidence clearly indicates that all of the distributor defendants, from a practice adopted and of long standing and based on experience follows a similar procedure, for instance, Paramount Film Distributor Corporation

R.A v. Iredell-Statesville School District Board of Education

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

Johnson did not “establish that is not merely likely, but ‘clear and indisputable,’ that the entire action cannot lie,” and so construing the decision to require a dismissal with prejudice would be inappropriate. … Corruption To pierce public official immunity with allegations of corruption, a plaintiff must establish that the public official “acted for his own benefit.”

Helms v. Heckler

572 F. Supp. 259 · District Court, W.D. North Carolina · Oct 13, 1983

Plaintiff’s I.Q. is 76 (this score is dubious, since plaintiff could not complete the test, but the court will accept as an approximation of plaintiff’s true score), or seven points too high for her to qualify as mentally … Plaintiff is clearly incapable of sustaining her own daily needs; it is impossible to see how she could perform “the kind of work usually done for pay or profit.”

Smith v. North Carolina Department of Adult Corrections

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

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

Lineberger v. Price

District Court, W.D. North Carolina · Aug 2, 2021

In its frivolity review, a court must determine whether a complaint raises an indisputably meritless legal theory or is founded upon clearly baseless factual contentions, such as fantastic or delusional … 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.

Smith v. Lowes Companies, Inc

District Court, W.D. North Carolina · Nov 1, 2022

The 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. Neitzke v. … “To establish a claim of disability discrimination under the ADA, a plaintiff must prove ‘(1) that she has a disability, (2) that she is a “qualified individual” for the employment in question, and (3) that [her employer

Givens v. Moore

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

The Plaintiff’s present allegations fail to establish a plausible basis for Monell liability. … immunity because they obstructed justice [id.].

United States ex rel. Wilson v. Graham County Soil & Water Conservation District

976 F. Supp. 2d 755 · District Court, W.D. North Carolina · Oct 1, 2013

The Supreme Court’s opinion, of course, establishes the scope of the public-disclosure bar. … The first claim is clearly covered by the Audit Report, which reads “Certain portions of the project were completed by an individual who was an approved project inspector.

Willis v. Cleveland County, North Carolina

District Court, W.D. North Carolina · Jul 1, 2020

of immunity.” … does not waive governmental immunity.

Woods v. Department of Public Safety

District Court, W.D. North Carolina · Jun 21, 2021

§ 1983 barred by sovereign immunity of North Carolina). … established well before the subject incident, Defendants are not entitled to the defense of qualified immunity on Plaintiff’s claims.

Lederer v. Hargraves Technology Corp.

256 F. Supp. 2d 467 · District Court, W.D. North Carolina · Apr 11, 2003

If the employee is no longer qualified for his previous employment, he shall be placed in another position, for which he is qualified.. .unless the employer’s circumstances now make the restoration unreasonable. … Finally, and most importantly, section 127A-202.1(e) establishes the legal procedure for obtaining redress.

Jones v. Cathey

District Court, W.D. North Carolina · Nov 4, 2019

Further, a “public official or employee is entitled to qualified immunity for civil damages except when his or her conduct violates clearly established statutory or constitutional rights of which a reasonable person would … The Court agrees with the Magistrate Judge that Plaintiffs have not plausibly alleged that any of the Defendants engaged in conduct that violated “clearly established” rights of which they would have known.

Chamberlain v. Securian Financial Group, Inc.

180 F. Supp. 3d 381 · District Court, W.D. North Carolina · Feb 19, 2016

“To establish a claim for disability discrimination under the ADA, a plaintiff must prove ‘(1) that she has a disability, (2) that she is a ‘qualified individual’ for the employment in question, and (3) that [her employer … Co. of NE, 207 F.3d 480, 486 (8th Cir.2000) (finding that the lack of any leave or vacation policy weighed against finding employment status). (8) Whether work is an integral part of employer’s business Clearly,' sales of

JAMIE CHRISTOPHER MCKINNEY v. DANIEL DALE, et al.

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

because they are entitled to qualified immunity. [Doc. 23]. … Moreover, because the forecast of evidence does not support that a constitutional right was violated, Defendants would also be protected by qualified immunity. See E.W. ex rel. T.W. v.

McClary v. Kalinski

District Court, W.D. North Carolina · Nov 12, 2020

; Defendant Kalinski is entitled to qualified immunity on the claims against her in her individual capacity; and Plaintiff has failed to demonstrate that he exhausted his administrative remedies. … immunity and sovereign immunity.

Oppenheimer v. Moore

District Court, W.D. North Carolina · Dec 2, 2020

Defendant Moore’s Liability While Plaintiff has clearly established direct copyright infringement here on the part of Defendant ACL, it remains for the Court to determine whether Defendant … Plaintiff first maintains that Defendants waived a defense of sovereign immunity and cannot raise the defense now.