Case law

Walker

District Court, W.D. North Carolina · Mar 19, 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 … The Court will, however, allow Plaintiff’s medical deliberate indifference claim past initial review as not clearly frivolous.

Galarza v. Taylor

District Court, W.D. North Carolina · Sep 18, 2023

Defendant “withheld evidence that would have establish[ed] [Plaintiff’s] innocence” and had first-hand knowledge that an arresting officer lied to gain access to a car, but “failed to mention it in a motion to suppress … 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

Lovill v. Torres

District Court, W.D. North Carolina · Oct 6, 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 … 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 sufficiently culpable

Beatty v. Warren

District Court, W.D. North Carolina · Jan 10, 2023

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 … 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.

Uzzell v. Murray

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

immunity as a defense to Plaintiff’s excessive force claim. … Because the Court has determined that there was no constitutional violation in the first instance, the Court not need determine whether Defendants are entitled to qualified immunity.

Shandrew v. Quest Diagnostics Inc.

819 F. Supp. 2d 181 · District Court, W.D. North Carolina · May 3, 2011

The company policy clearly states that violating the provisions will result in corrective action, including possible discharge. (Id.) … Plaintiff s ADEA Claim To establish a prima facie case of discriminatory discharge under the ADEA, a plaintiff must show that: (1) she was within the protected age group; (2) she was qualified for the position; (3) she was

Le Maitre v. Parlier

District Court, W.D. North Carolina · Mar 20, 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 … Retaliation An inmate has a clearly established First Amendment right to be free from retaliation for filing lawsuits. See Booker v. S.C.

In re Grand Jury Subpoena No. 2013R00691-009

201 F. Supp. 3d 767 · District Court, W.D. North Carolina · Aug 16, 2016

Distinct from the attorney-client privilege, the work product doctrine belongs to the attorney and confers a qualified privilege on documents prepared by an attorney in anticipation of litigation. Hickman v. … In real estate transactions, such public divulgence clearly occurs, at the latest, upon recordation at closing.

Chapman v. Starnes

District Court, W.D. North Carolina · Nov 27, 2019

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 … In doing so, the plaintiff must set forth “specific, non-conclusory factual allegations that establish an improper [discriminatory] motive.” Williams v. Hansen, 326 F.3d 569, 584 (4th Cir. 2003) (quoting Trulock v.

United States v. Breese

172 F. 765 · District Court, W.D. North Carolina · Jun 29, 1909

The practice in the United States courts in this district seems to be for two commissioners provided for by the United States statute to draw from the box containing the names of qualified jurors at the term at which they … certainty that the foreman returned the correct action of the grand jury — would not apply in this case, because the evidence which would show that the foreman’s action might have been wrong would at the same time show clearly

Lentz v. Honeycutt

District Court, W.D. North Carolina · Sep 29, 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 … 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

Murdock v. Moore

District Court, W.D. North Carolina · Jul 31, 2024

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 … 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 sufficiently

Hardy v. Steel

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

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 … . § 1983 barred by sovereign immunity of North Carolina).

Carmona v. Union County District Attorney

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

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 … The Plaintiff also attempts to state a claim against Jane Doe, who is identified as an Albemarle CI classification officer, for false imprisonment.2 In an action arising under 42 U.S.C. § 1983, venue is established by

Pride v. US Department of the Navy

District Court, W.D. North Carolina · Mar 31, 2022

United States, 486 U.S. 531, 536 (1988) (establishing a two-prong test to determine 5 whether the discretionary function exception applies—it “will … Should the exception apply, sovereign immunity is not waived, and Plaintiff’s claim is barred.

Fulbright v. Apfel

114 F. Supp. 2d 465 · District Court, W.D. North Carolina · Sep 11, 2000

On October 13, 1997, Plaintiff was seen at Myers Park Internal Medicine Clinic and the chart reflects that Plaintiff had no new complaints but was • “convinced she has chronic fatigue syndrome and immune deficiency syndrome … The record establishes that during the relevant time the Plaintiff was at most 5'9" tall and weighed no less than 300 pounds.

McNeill v. Johnson

District Court, W.D. North Carolina · Feb 3, 2020

Finally, Plaintiff failed to establish Yang’s personal involvement in the incident. … its power under § 5 of the Fourteenth Amendment to override that immunity.

Wright v. Beard

District Court, W.D. North Carolina · Aug 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 scenarios. … Gibbs, 550 F.2d 926, 928 (4th Cir. 1977) (to establish liability under 42 U.S.C. § 1983, a plaintiff must show that the defendants “acted personally” to cause the alleged violation).

Hyatt v. Heckler

711 F. Supp. 837 · District Court, W.D. North Carolina · Mar 31, 1989

None of them clearly acknowledge that subjective evidence of pain, its intensity or degree, is an adequate basis for a finding of disability, once medically acceptable objective evidence has established an underlying impairment … in readable type, of the instructions attached hereto as Exhibit A. *844 The Secretary is instructed not to delete anything from these instructions nor paraphrase them nor to add to them any provisions that would limit, qualify

Griffin v. Hollar

District Court, W.D. North Carolina · Nov 26, 2019

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 … Under the well-settled doctrine of sovereign immunity, a state may not be sued in its own courts or elsewhere unless by statute it has consented to be sued or has otherwise waived its immunity from suit