Case law

Cobbs v. Ellington

District Court, W.D. North Carolina · Jul 28, 2020

3-) climb (4-) walk (5-) carry (6-) twist (7-) turn, yet all these incapabilities because my injury fought to meet my minimum to be release, and surely my medical X-Rays qualify … 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

Hurt v. Kuehnert

District Court, W.D. North Carolina · Apr 13, 2020

However, Barker’s job description at that time as an entry-level analyst would not have qualified her for that duty. … 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 scenarios.

Dade v. Church

District Court, W.D. North Carolina · Feb 9, 2023

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 … Goord, 320 F.3d 346, 351 (2d Cir. 2003) (“[A]n isolated incident of mail tampering is usually insufficient to establish a constitutional violation.”).

Nicholson

District Court, W.D. North Carolina · Jun 2, 2026

However, the complaint must allege sufficient facts to establish those elements. … When the alleged conspirators are all members of a single corporation, a civil conspiracy claim may be barred by the intra-corporate immunity rule, which “provides that, because at least two persons must be present

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.

Taylor v. Doe 1

District Court, W.D. North Carolina · Feb 13, 2025

immunity bars Plaintiff’s claim against Defendants. … 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.

Lee-Bey v. Shaver

District Court, W.D. North Carolina · Apr 11, 2022

Lack, 487 U.S. 266, 276 (1988) (establishing the prisoner mailbox rule); Lewis v. … Bare or conclusory assertions of retaliation are insufficient to establish a retaliation claim. Adams v. Rice, 40 F.3d 72, 74 (4th Cir. 1994).

Hensley v. City of Charlotte

District Court, W.D. North Carolina · Aug 5, 2021

And, even if the case was permitted to go forward, it is unlikely that the City could be held liable for money damages based on the well-established law that qualified immunity protects municipalities and government officials … performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Inscoe v. NC Department of Public Safety

District Court, W.D. North Carolina · Jan 18, 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

Patton v. Shields

District Court, W.D. North Carolina · Nov 18, 2021

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

Byers v. Yellen

District Court, W.D. North Carolina · Aug 8, 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 … As such, qualified individuals would directly receive the rebate as an EIP or so-called “stimulus check.”

Greene v. Lassiter

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

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 … As for Plaintiff’s First Amendment claim, the Free Exercise Clause of the First Amendment states that “Congress shall make no law respecting an establishment of religion.” U.S. CONST. amend. I.

Locklear v. Hooks

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

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 … First Amendment The Free Exercise Clause of the First Amendment states that “Congress shall make no law respecting an establishment of religion.” U.S. Const. amend. I.

Vang v. Mitchell

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

Here, while the Plaintiff asserts a claim for retaliation, she has pled no facts to establish such a claim. … In her amended complaint, the Plaintiff must set forth plausible factual allegations to establish the essential elements of her claims.

Cinema Blue of Charlotte, Inc. v. Gilchrist

704 F. Supp. 631 · District Court, W.D. North Carolina · Jan 13, 1989

Just as an accused has the right to confront the prosecution’s witnesses for the purpose of challenging their testimony, he has the right to present his own witnesses to establish a defense. … Justice Frankfurter discussed the “right of one charged with obscenity ... to enlighten the judgment of the tribunal ... and to do so through qualified experts,” Smith v.

Reid v. WARDEN, CENT. PRISON, RALEIGH, NC

708 F. Supp. 730 · District Court, W.D. North Carolina · Jan 11, 1989

The trial judge offered no qualifying instructions to assist the jury in its interpretation of the presumption. … This evidence, along with reasonable inferences therefrom, clearly establishes that Petitioner uttered a forged check and acted for the sake of gain with the intent to defraud, knowing that the check was forged.

Price v. Atrium Health

District Court, W.D. North Carolina · Oct 28, 2024

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 … The Fourth Circuit has conditioned liability for private corporations under 42 U.S.C. § 1983 on the same requirements established for municipal corporations. Rodriguez v.

Ragin v. Lockwood

District Court, W.D. North Carolina · Feb 7, 2024

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

White v. Iredell County

District Court, W.D. North Carolina · Jun 3, 2024

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 the extent that he attempts to rely on respondeat superior, this is insufficient to establish a § 1983 claim against the County.

Tinsley v. City of Charlotte

District Court, W.D. North Carolina · Jul 29, 2019

Burke qualifies as a common supervisor. See Haywood, 387 F. App’x at 359 (requiring a common supervisor); Staub, 562 U.S. … Burke qualifies as a common supervisor in this case.