Case law

Adams v. Louisiana-Pacific Corp.

284 F. Supp. 2d 331 · District Court, W.D. North Carolina · Jul 31, 2003

If a plan does not clearly grant discretion, the standard of review is de novo. Feder v. Paul Revere Life Ins. Co., 228 F.3d 518, 524 (4th Cir.2000). … Section 1102(a)(1) of ERISA requires that “Every employee benefit plan shall be established and maintained pursuant to a written instrument.” (emphasis added).

Givens v. Moore

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

Lack, 487 U.S. 266 (1988) (establishing the prisoner mailbox rule); see Lewis v. … 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

Rudolph v. Buncombe County Government

846 F. Supp. 2d 461 · District Court, W.D. North Carolina · Mar 1, 2012

As such, the Plaintiff has failed to bring forth admissible evidence establishing a genuine issue of material fact on this issue. … To establish a prima facie case of hostile work environment pursuant to the ADA, the Plaintiff must show that (1) she is a qualified individual with a disability; (2) she was subjected to unwelcome harassment; (3) the harassment

Conway v. Housing Authority of City of Asheville

239 F. Supp. 2d 593 · District Court, W.D. North Carolina · Dec 19, 2002

According to the Court, HUD “had no thought that its own supervisory powers or the grievance system that it had established foreclosed resort to the courts by tenants.” Id. … The court found that “Congress clearly intended to require local PHAs to provide an administrative grievance procedure for tenant complaints of adverse PHA action, and nothing in the structure or history of the [Housing]

Salamone v. Central Piedmont Community College

District Court, W.D. North Carolina · Feb 11, 2020

Discrimination “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 … Because Plaintiff has failed to establish both the first element (that she is disabled) and the second element (that she is a qualified individual) of her disability discrimination claim, the Court grants summary judgment

Mauney v. Burke County Sheriff's Office

District Court, W.D. North Carolina · Feb 11, 2020

“[A]ll that is necessary to establish the existence of a ‘meritorious defense’ is a presentation or proffer of evidence, which, if believed, would permit either the Court or the jury to find for the defaulting party.” … Defendants also deny the material allegations of the Complaint and contend that the individual Defendants may be entitled to qualified immunity. [Id.].

In re Seabolt

113 F. 766 · District Court, W.D. North Carolina · Feb 10, 1902

On the 25th of November, 1901, the said firm and individual partners were adjudged bankrupts, and shortly *768 thereafter a trustee was appointed for both estates, who qualified and entered upon the performance of his duties … This principle is so well established and so fully understood by the profession that it is not deemed necessary to cite authorities to support it.

Lee-Bey v. Shaver

District Court, W.D. North Carolina · Feb 28, 2022

For the reasons discussed supra, the Plaintiff has failed to establish that any constitutional violation occurred. … Here, the Plaintiff has not established any of the elements that would warrant preliminary injunctive relief.

Abdullah-Malik v. Cathy

District Court, W.D. North Carolina · Jun 22, 2022

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 to … Bare or conclusory assertions of retaliation are insufficient to establish a retaliation claim. Adams, 40 F.3d at 74.

Pearson v. Carver

District Court, W.D. North Carolina · May 10, 2024

In its frivolity review, this 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 … Gibbs, 550 F.2d 926, 928 (4th Cir. 1977) (stating to establish liability under 42 U.S.C. § 1983, a plaintiff must show that the 1 The Court construes the Amended Complaint as raising a First Amendment claim.

Johnson v. Grier

District Court, W.D. North Carolina · Oct 8, 2019

that immunity. … Only “persons” may act under color of state law; thus, a defendant in a § 1983 action must qualify as a “person.” See 42 U.S.C. § 1983; Monell v. Dep't of Soc.

Blake v. N.C. Dept of Public Safety / Mountain View CI

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

Lack, 487 U.S. 266, 276 (1988) (establishing the prisoner mailbox rule); Lewis v. … 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

Newell v. Howell

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

be granted; or seeks monetary relief from a defendant who is immune to such relief. … Dep’t of Corrs., 855 F.3d 533, 540 (4th Cir. 2017) (inmate has clearly established First Amendment right to be free from retaliation for filing grievances). C.

Bolen v. Philemon

District Court, W.D. North Carolina · Jun 1, 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 … immunity.

Hall v. Hamilton

District Court, W.D. North Carolina · Jul 28, 2021

Lack, 487 U.S. 266 (1988) (establishing the prisoner mailbox rule); see Lewis v. … estas rights, the Defendant is entitled to qualified immunity with respect to this claim 12

Crump v. Mecklenburg County Detention Center Officers

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

He disputes the merit of the exhaustion defense, argues that the Defendants are not entitled to qualified immunity, and argues that service of process on 1 See Houston v. … Lack, 487 U.S. 266, 276 (1988) (establishing the prisoner mailbox rule); Lewis v.

Rhinehardt v. Moore

District Court, W.D. North Carolina · Sep 19, 2024

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 … To establish liability under 42 U.S.C. § 1983, a plaintiff “must affirmatively show that the official charged acted personally in the deprivation of [his] rights.” Williamson v.

United States v. Cox

641 F. Supp. 2d 489 · District Court, W.D. North Carolina · Jul 20, 2007

The EAJA clearly applies to protect successful third-party intervenors in civil forfeiture proceedings. … The Defendant’s “plea bargain representation cannot establish his ownership.

Sluder v. Bentancourt

District Court, W.D. North Carolina · Nov 10, 2020

Here, even assuming that Plaintiff qualified as an “other person,” that only gave her the opportunity to petition the trial court for custody. … immunity as well.

Carmichael v. Xayavong

District Court, W.D. North Carolina · Mar 17, 2022

In its frivolity review, a court must determine whether the a complaint raises an indisputably meritless legal theory or is founded upon clearly baseless factual contentions, such as fantastic or delusional … To establish an Eighth Amendment claim, an inmate must satisfy both an objective component – that the harm inflicted was sufficiently serious – and a subjective component – that the prison official acted with a