Case law

Federal Deposit Insurance v. Kerr

650 F. Supp. 1356 · District Court, W.D. North Carolina · Dec 23, 1986

That Order clearly directs the FDIC to amend to more specifically reflect the respective roles of the Defendants in the commission of alleged predicate acts of mail fraud, wire fraud and securities fraud. … An action for accounting is an action in equity and the plaintiff must state a cause of action based upon some known and established equitable ground. Weltscheff v.

Riddle v. Wilson

District Court, W.D. North Carolina · May 15, 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.

Anderson v. Bowman

District Court, W.D. North Carolina · Aug 15, 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 … “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 2 Because the Plaintiff

Dade v. Carlineo

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

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 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

Thomas, the Lord of Shalford v. Shelley's Jewelry, Inc.

127 F. Supp. 2d 779 · District Court, W.D. North Carolina · Dec 28, 2000

Indeed, during the negotiation of the contract with Shelley’s, Thomas clearly advised the Defendants of their experience. … The undersigned finds that conducting a trial to establish nominal damages would be a waste of judicial resources. Olsen v.

Lowery v. McDowell County Superior Court

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

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, the 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

Smith v. Commissioner of Social Security

District Court, W.D. North Carolina · Jun 25, 2024

neurological symptoms of extremity pain, numbness, and weakness did not meet the criteria set forth under Listing 11.00 (neurological disorders) or Listing 14.00 (immune system disorder). Id. … It is the claimant’s burden to establish how any medically determinable impairments affect functioning. 20 C.F.R. § 416.912(c).

McClary v. Butler

District Court, W.D. North Carolina · Nov 22, 2019

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

Textron Inc. Ex Rel. Homelite Division v. Barber-Colman Co.

903 F. Supp. 1546 · District Court, W.D. North Carolina · Sep 29, 1995

“[I]n order to qualify as ‘scientific knowledge,’ an inference or assertion must be derived by the scientific method. … First, the Court finds that Koon’s opinion does not qualify as “scientific knowledge” under the test enunciated in Daubert .

Beatty v. Warren

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

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 … 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) (citation omitted); Monell v.

Copeland v. Mecklenburg County Jail

District Court, W.D. North Carolina · Sep 1, 2023

Doyle, 429 U.S. 274, 280 (1977) (Eleventh Amendment immunity “does not extend to counties or similar municipal corporations.”). … A plaintiff can establish the requisite “policy” for Monell liability through a failure to train, if it “reflects a ‘deliberate’ or ‘conscious’ choice” to not do so. City of Canton v.

Deal v. City of Monroe

District Court, W.D. North Carolina · Sep 3, 2025

Section 1983 imposes liability on the government for “subject[ing] . . . any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … “To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it.

Mooney v. Harrison

District Court, W.D. North Carolina · Aug 12, 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 … Retaliation An inmate has a clearly established First Amendment right to be free from retaliation for filing grievances. See Booker v. S.C.

Jones v. Rickman

District Court, W.D. North Carolina · Jun 20, 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 scenarios. … “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

Bridges

District Court, W.D. North Carolina · Dec 10, 2025

The party seeking to compel arbitration under the FAA has the burden of establishing the existence of a valid agreement to arbitrate. Minnieland Priv. Day Sch., Inc. v. … “The question whether the parties have submitted a particular dispute to arbitration, i.e., the ‘question of arbitrability,’ is an issue for judicial determination unless the parties clearly

Torres v. Ishee

District Court, W.D. North Carolina · Feb 7, 2022

NCDPS is a state agency, and suit against it is barred by sovereign immunity. See Kawai Am. Corp. v. Univ. of N.C. at Chapel Hill, 152 N.C. … App. 163, 167, 567, S.E.2d 215, 218 (2002) (North Carolina’s Tort Claims Act does not waive sovereign immunity for intentional torts); Harwood v.

Wilkins-Bailey v. Essity Professional Hygiene North America, LLC

District Court, W.D. North Carolina · Jul 24, 2025

Specifically, I cannot violate my conscience to participate in an activity, such as COVID-19 vaccination, that is designed to alter my God-created immune system.”). … The Bible clearly states that human life begins at conception, Psalm 139:13-16 and consequently any baby that is aborted is murder based on scripture.”). III.

Harding v. Schetter

District Court, W.D. North Carolina · Mar 10, 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 … To establish an Eighth Amendment claim based on the use of excessive force, an inmate must satisfy both an objective component–that the harm inflicted was sufficiently serious–and a subjective component–that

Southeastern Public Safety Group Inc. v. Munn

District Court, W.D. North Carolina · Jan 3, 2022

The Supreme Court, however, has established a high standard for deciding a defendant’s motion for attorney’s fees. See Christiansburg Garment Co. v. EEOC, 434 U.S. 412, 421-22 (1978). … support of its Motion, Plaintiff first asserts the “Court’s determination that Plaintiff only sued the government defendants in their official capacities and that those claims were barred by Eleventh Amendment Immunity

Brimmer

District Court, W.D. North Carolina · May 18, 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 … To establish an Eighth Amendment excessive force claim, an inmate must also satisfy both these objective and subjective components. Williams, 77 F.3d at 761.