Case law
Opinions from 1658 to today.
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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.”).
Cited 0 timesUnknownDistrict Court, W.D. North Carolina · Oct 31, 2022
is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B); see 28 U.S.C. § 1915A (requiring frivolity review for prisoners’ civil actions seeking redress from governmental entities, officers, or employees). … 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
Cited 0 timesUnknown46 F. Supp. 843 · District Court, W.D. North Carolina · Sep 3, 1942
From the foregoing statement, I clearly conclude that this Eastern Band of Cherokee Indians is not a Tribe or a Nation. … These questions were undoubtedly answered by some person qualified to make answers and filed with the Commissioner of Indian Affairs through the Superintendent, Mr. Blair.
Reversed by United States v. Parton, 132 F.2d 886 (1943)Cited 5 timesPublished293 F. Supp. 2d 608 · District Court, W.D. North Carolina · Nov 25, 2003
Stanglin clearly stated that recreational dancing does not qualify as either type of protected association. … It is “well established that the Constitution protects the right to receive information and ideas.” Stanley v. Georgia, 394 U.S. 557, 564 , 89 S.Ct. 1243 , 22 L.Ed.2d 542 (1969).
Cited 1 timesPublishedDistrict Court, W.D. North Carolina · Jun 13, 2022
Under the First Amendment, an inmate has a “clearly established right … to a diet consistent with his religious scruples.” Lovelace v. Lee, 472 F.3d 174, 201 (4th Cir. 2006) (quoting Ford v. … The Fourth Circuit has “rarely, if ever, found that a plaintiff has set forth sufficient facts to establish a section 1985 conspiracy.” Id.
Cited 0 timesUnknownDistrict Court, W.D. North Carolina · Oct 21, 2021
In so arguing, counsel clearly evinced significant preparation and obvious understanding of the complex issues informing this determination. [See id.]. … More specifically, Petitioner argues that, at the time of sentencing, the categorical approach was well established to determine whether a crime qualifies as a predicate crime of violence under §4B1.2(a),
Cited 0 timesUnknownDistrict Court, W.D. North Carolina · Feb 25, 2020
The burden of establishing subject matter jurisdiction on a motion to dismiss rests with the party asserting jurisdiction. Id.; Williams v. … While “North Carolina sheriffs are considered public officials for purposes of sovereign immunity[,]” Efird v. Riley, 342 F.
Cited 0 timesUnknownDistrict Court, W.D. North Carolina · Oct 28, 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 … To establish a violation of the Eighth Amendment in the context of a challenge to conditions of confinement, an inmate must allege (1) a “sufficiently serious” deprivation under an objective standard and (2)
Cited 0 timesUnknownDistrict Court, W.D. North Carolina · Aug 24, 2026
Medic’s conclusory assertion that Tolman’s email was later “used to justify” PSC’s ban does not establish causation. … Nor do the well-pleaded facts establish it.
Cited 0 timesUnknownDistrict Court, W.D. North Carolina · Oct 31, 2022
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 an Eighth Amendment excessive force claim, an inmate must satisfy both an objective component–that the harm inflicted was sufficiently serious–and a subjective component–that the prison official
Cited 0 timesUnknownDistrict Court, W.D. North Carolina · Feb 15, 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 culpable
Cited 0 timesUnknown770 F. Supp. 1085 · District Court, W.D. North Carolina · Jul 30, 1991
Connette qualified as legal Guardian for the taxpayer, and the taxpayer, through his Guardian, dissented from the Will of Ermine and brought suit in state court against Thomas A. … Clearly, with the conveyance of the Carey Court Property the Guardian intended to delay and hinder creditors. [FF 23].
Cited 3 timesPublishedLee v. Norfolk Southern Railway Co.
912 F. Supp. 2d 375 · District Court, W.D. North Carolina · Dec 12, 2012
-To realize this goal, the RLA establishes a mandatory arbitral mechanism for the prompt and orderly settlement of two classes of disputes. … By failing to train him, Lee maintains, he could never be qualified for higher paying positions and advancement. [Id].
Cited 7 timesPublishedDistrict Court, W.D. North Carolina · Feb 1, 2021
Here, the uncontroverted forecast of evidence establishes that there is no genuine issue of material fact on Plaintiff’s conditions of confinement claim. … The Clerk is instructed to terminate this action. 5 Although not argued by Defendants, the Court also notes that since there is no evidence of a constitutional violation, qualified immunity bars Plaintiff
Cited 0 timesUnknownDistrict Court, W.D. North Carolina · Nov 25, 2019
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
Cited 0 timesUnknownDistrict Court, W.D. North Carolina · Mar 4, 2022
Garner has failed to establish that she has suffered “an adverse employment action” as defined under Title VII. While Ms. … Simply because an employee finds a decision by her employer unappealing does not make that decision a qualifying adverse employment action.
Cited 0 timesUnknownDistrict Court, W.D. North Carolina · Oct 20, 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 … Plaintiff will be required to identify Defendants John Doe and Jane Doe, at the latest, by the deadline for adding parties and filing motions to amend, which will be established in a future order.
Cited 0 timesUnknown923 F. Supp. 791 · District Court, W.D. North Carolina · Apr 17, 1996
As a result, the Court concludes that the evidence in this case clearly establishes that first a person of ordinary intelligence is not given a reasonable notice concerning what protest activity is prohibited so that he or … "Vague” is an adjective which is defined as “not clearly grasped in the mind, not precise in expression, not firmly determined, hazy, not clearly perceived, not clearly formulating or ex *804 pressing ideas.”
Cited 8 timesPublishedDistrict Court, W.D. North Carolina · Oct 30, 2019
As such, Plaintiff’s retaliation claim against all Defendants survives initial review as it is not clearly frivolous. See Booker v. S.C. … Dep’t of Corrs., 855 F.3d 533, 540 (4th Cir. 2017) (inmate has clearly established First Amendment right to be free from retaliation for filing grievances). IV.
Cited 0 timesUnknownDistrict Court, W.D. North Carolina · Feb 9, 2023
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. § 1915A. … In doing so, the Plaintiff must set forth “specific, non-conclusory factual allegations that establish an improper [discriminatory] motive.” Williams v.
Cited 0 timesUnknown
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