Case law

Morris v. McFadden

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

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 … Individual Capacity To establish liability under 42 U.S.C. § 1983, a plaintiff must show that the defendants “acted personally” to cause the alleged violation.

Pittman v. Clawson

District Court, W.D. North Carolina · Nov 29, 2022

may be granted; or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A. … 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

Ranzy v. Crumley Roberts, LLP

District Court, W.D. North Carolina · Oct 2, 2019

The 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 scenarios. Neitzke v. … CONCLUSION Plaintiff has failed to establish the existence of subject-matter jurisdiction and the Amended Complaint is frivolous and fails to state a claim upon which relief can be granted pursuant to 28 U.S.C. § 1915

Spurlock v. Jones

District Court, W.D. North Carolina · Oct 4, 2024

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

Caldwell v. Carroll

District Court, W.D. North Carolina · May 2, 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 … An inmate has a clearly established First Amendment right to be free from retaliation for filing grievances. See Booker v. S.C. Dep’t of Corrs., 855 F.3d 533, 540 (4th Cir. 2017); Thompson v.

Reid v. Dalco Nonwovens, LLC

154 F. Supp. 3d 273 · District Court, W.D. North Carolina · Jan 4, 2016

Indeed, the eyidence clearly shows that he used it via text message. … that clearly derive from unlawful motives.

C. P. v. Doe

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

The burden is on the Plaintiff to plead facts sufficient to establish the existence of subject matter jurisdiction. See Lovern v. Edwards, 190 F.3d 648, 654 (4th Cir. 1999). … The press and the public have, under both the First Amendment and the common law, a qualified right of access to judicial documents and records filed in civil and criminal proceedings.

Folley v. Ridge Valley Center for Nursing and Rehabilitation

District Court, W.D. North Carolina · Jul 30, 2025

Notwithstanding that authority, Rule 9(j)(3) provides one narrow exception to its medical certification requirement: a litigant is excused from the pre-filing certification requirement if negligence may be established … Res ipsa loquitor applies “only when the occurrence clearly speaks for itself.” Diehl v. Koffer, 140 N.C. App. 375, 378 (2000) (quotation and emphases omitted).

Trull v. Dayco Products, LLC

329 F. Supp. 2d 658 · District Court, W.D. North Carolina · May 28, 2004

The established FASB retiree medical caps negotiated and agreed to during the 1995 collective bargaining negotiation are not altered by this Effects Bargaining Agreement. … Agreements “clearly and unambiguously” provide that retiree health insurance benefits are not vested.

Smith v. Lytle

District Court, W.D. North Carolina · May 20, 2020

§ 1915A (requiring screening and dismissal of a prisoner’s complaint, or any portion of it, as frivolous or for seeking monetary relief from an immune defendant). … Dep’t of Corr., 855 F.3d 533 (4th Cir. 2017) (finding that the right to file a prison grievance free from retaliation was clearly established under the First Amendment).

Gladden v. Huneycutt

District Court, W.D. North Carolina · Aug 24, 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 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.

Stevens v. Wells Fargo Bank

District Court, W.D. North Carolina · Oct 9, 2020

The EEOC issued a Notice of Right stating that it was unable to conclude that the 2 information establishes a violation of the statute. (Doc. … 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 scenarios.

Porter v. Mountain View Correctional

District Court, W.D. North Carolina · Mar 9, 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 … “To establish that a health care provider’s actions constitute deliberate indifference to a serious medical need, the treatment must be so grossly incompetent, inadequate, or excessive as to shock the conscience or

Pratt v. Robbins

District Court, W.D. North Carolina · Dec 8, 2020

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, however, a plaintiff must show that the defendant “acted personally” to cause the alleged violation. See Vinnedge v.

Lanier v. Burns

District Court, W.D. North Carolina · May 27, 2022

Plaintiff, however, does not name the judge as a defendant in this matter and any such claim would be barred by judicial immunity in any event. 2 Plaintiff … MacCollom, 426 U.S. 317, 321 (1976) (“The established rule is that the expenditure of public funds is proper only when authorized by Congress….”).

Lentz v. Harris

District Court, W.D. North Carolina · Nov 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 … First Amendment The Free Exercise Clause of the First Amendment states that “Congress shall make no law respecting an establishment of religion.” U.S.

Singleton v. Anson County Board of Education

283 F. Supp. 895 · District Court, W.D. North Carolina · Mar 21, 1968

system, including the closing of inadequate schools and consolidation of schools now maintained to perpetuate segregation, so as to provide for the assignment of all students in all grades pursuant to geographical zones, established … members are to be displaced as a result of desegregation, no staff vacancy in the school system may be filled through recruitment from outside the system unless the school officials can show that no displaced staff member is qualified

Hughes v. Madison County Detention Facility

District Court, W.D. North Carolina · May 24, 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 … “To establish that a health care provider’s actions constitute deliberate indifference to a serious medical need, the treatment must be so grossly incompetent, inadequate, or excessive as to shock the conscience or to be

Leaks v. State of NC

District Court, W.D. North Carolina · Feb 28, 2023

Habeas relief may be granted to a state prisoner if the state court’s last adjudication of a claim on the merits “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly … established Federal law, as determined by the Supreme Court of the United States[.]” 28 U.S.C

Reid v. North Carolina

837 F. Supp. 2d 554 · District Court, W.D. North Carolina · Nov 28, 2011

A district court order dismissing a case on the grounds that the undisputed facts establish a lack of subject matter jurisdiction is a legal determination subject to de novo appellate review. Revene v. … The court can find no merit to plaintiffs objection to this finding as such finding is clearly consistent with current case law.