Case law

Foster v. Simon

467 F. Supp. 533 · District Court, W.D. North Carolina · Mar 23, 1979

This stipulation, along with the evidence presented by plaintiff, established her prima facie case of discrimination. McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1972). Day v. … The evidence clearly shows the reasons articulated by defendant were a pretext to discrimination based on sex. McDonnell Douglas Corp. v. Green, 411 U.S. at 804 , 93 S.Ct. 1817 . 7.

Menius v. Gaston County Department of Social Services

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

In its frivolity review, a court must determine whether the Second Amended Complaint raises an indisputably meritless legal theory or is founded upon clearly baseless factual contentions, such … Moreover, such a claim would be barred by prosecutorial immunity. See generally Imbler 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.

Dalton v. Miller

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

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 … 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

Rutledge v. Wake Forest University School of Medicine

District Court, W.D. North Carolina · Apr 29, 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 … Acting pro se, the Plaintiff is not qualified to prosecute a class action or assert a claim on behalf of others. See Myers v. Loudoun Cnty. Pub.

MciLwain v. Hensley

District Court, W.D. North Carolina · Feb 21, 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 … The Fourth Circuit has “rarely, if ever, found that a plaintiff has set forth sufficient facts to establish a section 1985 conspiracy.” Id.

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

Lyda v. Griffin

District Court, W.D. North Carolina · Apr 26, 2023

Doyle, 429 U.S. 274, 280 (1977) (Eleventh Amendment immunity “does not extend to counties or similar municipal corporations.”). … Retaliation An inmate has a clearly established First Amendment right to be free from retaliation for filing lawsuits. See Booker v. S.C.

David M. Smith v. Buncombe County, et al.

District Court, W.D. North Carolina · Jan 6, 2026

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 … Furthermore, 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.

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

District Court, W.D. North Carolina · May 24, 2023

The School Officials defendants appealed this Court’s decision to the Fourth Circuit on the grounds of public official immunity. Doc. Nos. 59, 63. … Further, the School Officials have not established how they will be unfairly prejudiced if the Court allows the SAC to stand.

Moore v. Lassiter

District Court, W.D. North Carolina · Nov 14, 2022

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 … 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

Goulette v. Kalinski

District Court, W.D. North Carolina · Jan 13, 2021

Kalinski 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 of

Pike v. Catawba County DSS

District Court, W.D. North Carolina · Jul 5, 2022

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 … To the extent that the Plaintiff attempts to seek relief on behalf of his daughter, he is not qualified to do so. See Myers v. Loudoun Cnty. Pub.

Armento v. Laser Image, Inc.

950 F. Supp. 719 · District Court, W.D. North Carolina · Oct 16, 1996

This Court concludes that, for the purposes of qualifying the work under the for-hire doctrine, that omission is not fatal. … Copyright Office, effective September 3, 1993, helps establish his claim of copyright to the underlying artwork.

Robinson v. McDowell County Detention Center

District Court, W.D. North Carolina · Jun 8, 2022

Lack, 487 U.S. 266, 276 (1988) (establishing the prisoner mailbox rule); Lewis v. … § 1915A as frivolous, for failure to state a claim upon which relief can be granted, and for seeking relief against an immune party. 2.

Hyatt v. Miller

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

Donnahoo’s timesheet clearly shows that he either did not bill or that he reduced his bill for various activities where the lead activity was undertaken by another attorney on the team. Mr. … immunity and public official immunity with respect to all of the Plaintiff’s claims.

Cannady v. Polk County Jail

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

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 … “[T]he Constitution creates no entitlement to grievance procedures or access to any such procedure voluntarily established by a state.” Adams v. Rice, 40 F.3d 72, 75 (4th Cir. 1994); see Booker v. S.C.

Gaston v. Anson County School District

District Court, W.D. North Carolina · Jul 1, 2019

In sum, Title VII was “not intended to immunize insubordinate, disruptive, or nonproductive behavior at work.” Laughlin v. Metro. Washington Airports Auth., 149 F.3d 253, 260 (4th Cir. 1998) (quoting Armstrong v. … Defendant was clearly entitled to depose Plaintiff11 and finds Plaintiff’s unilateral refusal to appear for her deposition unacceptable.

Ketchersid v. Murphy

District Court, W.D. North Carolina · Jan 19, 2022

In its frivolity review, a court must determine whether the Amended 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.

Perez v. Huneycutt

District Court, W.D. North Carolina · Jan 23, 2023

claims or dismiss the complaint, or any portion of the complaint, if the complaint 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 … The Plaintiff has not established any of the elements that would warrant preliminary injunctive relief. Therefore, this Motion is denied. IV.