Case law

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.

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

Moore v. Church

District Court, W.D. North Carolina · Jan 26, 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 an Eighth Amendment claim, an inmate must satisfy both an objective component, namely, that the harm inflicted was sufficiently serious, and a subjective component, namely, that the prison official

Lowe v. Cathey

District Court, W.D. North Carolina · Aug 19, 2024

Plaintiff further alleges that, “[b]efore implementing their actions, … Defendants conferred with counsel, Attorney Brandon Christian,” who knew or should have known “that these religious rights were clearly established … 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

Mountain Island Day Community Charter School v. Inspire Performing Arts Company, LLC

District Court, W.D. North Carolina · Aug 29, 2025

In response, Defendants first assert that governmental immunity “doesn’t apply to such clearly nongovernmental functions—like operating a dance team, and the Motion should be denied.” (Document No. 75, p. 6). … Defendants contend: As a general rule, governmental immunity applies—meaning the state and its governmental subsidiaries are immune from tort, contractual

Bolen v. Philemon

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

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 … To establish a violation of the Eighth Amendment, an inmate must allege (1) a “sufficiently serious” deprivation under an objective standard and (2) that prison officials acted with “deliberate indifference” to the inmate

Davis v. Gossnell

District Court, W.D. North Carolina · Jan 25, 2021

Lack, 487 U.S. 266, 276 (1988) (establishing the prisoner mailbox rule); Lewis v. Richmond City Police Dep’t, 947 F.2d 733 (4th Cir. 1991) (applying prisoner mailbox rule to § 1983 case). … 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

Medina v. United States

District Court, W.D. North Carolina · Nov 5, 2019

All facts necessary to establish the legal foundation for an FTCA claim about extortion of a guilty plea are in existence. … 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 scenarios. Neitzke v.

Anderson v. Goodsum

District Court, W.D. North Carolina · Aug 25, 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 … An inmate has a clearly established First Amendment right to be free from retaliation for filing lawsuits. See Booker, 855 F.3d at 540 Thompson v. Commonwealth of Va., 878 F.3d 89, 110 (4th Cir. 2017).

Cline v. Aetna Life Ins. Co.

290 F. Supp. 3d 425 · District Court, W.D. North Carolina · Nov 15, 2017

After their review, they decided he was still medically qualified for a First Class medical certificate. Mr. … Edwards's confirmation that Plaintiff was still medically qualified for a first class medical certificate.

Pacheco v. Whitley

District Court, W.D. North Carolina · May 15, 2024

Retaliation An inmate has a clearly established First Amendment right to be free from retaliation for filing lawsuits. See Booker v. S.C. … More, bare or conclusory assertions of retaliation are insufficient to establish a retaliation claim. Id.

Huff v. Hicks

District Court, W.D. North Carolina · Jan 29, 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.

Hayes v. D.P.S, NC Corr

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

Fisher v. Cathey

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

For injuries, Plaintiff alleges that the loss of his property rendered him unable to establish a defense in his criminal case. He also alleges mental anguish and physical stress. … 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 from such relief.” 28 U.S.C. § 1915(e)(2)(B);

Huff v. Bullis

District Court, W.D. North Carolina · Mar 14, 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 … 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

Raybon v. Williamson

District Court, W.D. North Carolina · Nov 1, 2022

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 … He vaguely describes his physical injuries as “wounds,” “abrasions,” and “bruising”; however, this is insufficient to establish that the injuries were objectively sufficiently serious.

Elmore v. Mecklenburg County Courthouse

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

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 such relief. 28 U.S.C. … As a pro se inmate, Plaintiff Elmore is not qualified to prosecute a class action or assert a claim on behalf of others. See Myers v. Loudoun Cnty. Pub.

McClary v. Butler

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

In its frivolity review, this 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 … 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

Allen v. United States

District Court, W.D. North Carolina · Mar 4, 2020

qualifies as a “crime of violence” under § 924(c)’s force clause. … McDaniel, 529 U.S. 473, 484 (2000) (when relief is denied on procedural grounds, a petitioner must establish both that the dispositive procedural ruling is debatable and that the petition states a debatable claim of

Wright v. United States

District Court, W.D. North Carolina · Apr 6, 2020

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 … Baltimore Cnty., Md., 913 F.2d 113, 120 (4th Cir. 1990) (“A serious psychological impairment can qualify as [a serious] medical need.”).