Case law

Fuller v. Sheppard

District Court, W.D. North Carolina · Nov 8, 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 doing so, the plaintiff must set forth “specific, non-conclusory factual allegations that establish an improper [discriminatory] motive.” Williams v.

Eason v. Tuner

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

For the reasons discussed supra, the Plaintiff has failed to establish that any constitutional violation occurred. … Moreover, the Plaintiff has not established any of the elements that would warrant preliminary injunctive relief.

Kimble v. Acord

District Court, W.D. North Carolina · Sep 30, 2019

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 from such relief. … 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.

Judd v. Langford

District Court, W.D. North Carolina · May 27, 2020

Baltimore County, Md., 713 F.3d 723 (4th Cir. 2013) (denying defendant qualified immunity on a Fourth Amendment excessive force claim because it was objectively unreasonable for an officer to continue using a taser on … This right includes at least two dimensions: “(A) the qualified right of access to such evidence and (B) the qualified right to compel official review of such evidence.” Id.

Dade v. Church

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

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 … 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

Clemmer v. United States

District Court, W.D. North Carolina · Mar 16, 2020

As set out above, Petitioner’s charge on County Twenty-Three was clearly predicated on the crime of violence set out in Count Twenty-Two, aiding and abetting Hobbs Act robbery. … felony also constitutes a qualifying violent felony”).

Farmers Home Administration v. Rape (In Re Rape)

104 B.R. 741 · District Court, W.D. North Carolina · Aug 29, 1989

Table 4 Crop Price ($/bushel) Corn $3.00 Wheat $3.40 Soybeans $6.80-$7.00 *746 Table Five shows the Rapes established yields for corn, wheat, and soybeans. … Bare agronomic feasibility is not all that is required to establish a feasible Chapter 12 plan. In re Crowley, 85 B.R. at 79 .

Galle v. Charlotte-Mecklenburg Hospital Authority

District Court, W.D. North Carolina · Aug 8, 2022

The undisputed evidence clearly shows that Mr. Galle was not qualified for the HR-SBP position. The job description for this role requires a master’s “degree” in business administration or a related field. Mr. … To establish a claim for disability discrimination under the ADA, a Plaintiff must prove “(1) that she has a disability, (2) that she is a ‘qualified individual’ for the employment in question, and (3) that [her employer

Davis v. McFadden

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

RaSaadi Lennox Hernandez el. v. Doe

District Court, W.D. North Carolina · Dec 19, 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

Browder v. State Farm Insurance

District Court, W.D. North Carolina · Jul 22, 2021

He did not perform soil testing to form his opinion because the physical evidence “was clearly provided.” (Id. at 4). … Defendant’s conduct does not qualify simply because the insurance company came to a decision that Plaintiffs do not agree with.

Moore v. Fox

District Court, W.D. North Carolina · Apr 15, 2021

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, 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

Mauney v. Burke County Sheriff's Office

District Court, W.D. North Carolina · Oct 31, 2019

Complaint to determine whether it is subject to dismissal on the grounds that it is “frivolous or malicious [or] fails to state a claim on which relief may be granted; or seeks monetary relief against 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

Gasper v. EIDP, Inc.

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

Prior to 1984, ERISA's provisions failed to clearly delineate the interest of a non-employee spouse in pension benefits of the employee spouse. … “Other instruments under which the plan is established or operated” includes legal or formal documents a plan is premised on. Faircloth v.

Schulze v. Meritor Automotive

163 F. Supp. 2d 599 · District Court, W.D. North Carolina · May 30, 2000

Upon the moving party’s meeting that burden, the nonmoving party has the burden of persuasion to establish that there is a genuine issue for trial. … Unsupported allegations “do not confer talismanic immunity from Rule 56.” Ross v. Communications Satellite Corp., 759 F.2d 355, 365 (4th Cir.1985).

Futrell v. Cooper

District Court, W.D. North Carolina · Jul 28, 2021

a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B); see 28 U.S.C. … “[T]he Constitution creates no entitlement to grievance procedures or access to any such procedure voluntarily established by a state.” Adams v. Rice, 40 F.3d 72, 75 (4th Cir. 1994).

Settlemyer v. Hampton

District Court, W.D. North Carolina · Aug 11, 2021

In light of the Court’s conclusion that the forecast of evidence presented fails to demonstrate a constitutional violation, the Court need not address the Defendants’ assertion of the defense of qualified … immunity.

Drake v. Saul

District Court, W.D. North Carolina · Jul 1, 2021

“In order to establish entitlement to benefits, a claimant must provide evidence of a medically determinable impairment that precludes returning to past relevant work and adjustment to other work.” Flesher v. … However, the RFC clearly states that significant weight was given to Dr.

Stidham

District Court, W.D. North Carolina · Mar 11, 2026

“Although the failure of a party to respond to a summary judgment motion may leave uncontroverted those facts established by the motion, the moving party must still show that the uncontroverted facts entitle the party … immunity.

Woodward v. Davis

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