Case law
Opinions from 1658 to today.
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District Court, W.D. North Carolina · Nov 18, 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 … Rice, 40 F.3d 72, 75 (4th Cir. 1994) (“[T]he Constitution creates no entitlement to grievance procedures or access to any such procedure voluntarily established by a state.”).
Cited 0 timesUnknownDistrict Court, W.D. North Carolina · Oct 28, 2024
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 raise duplicative excessive … Rice, 40 F.3d 72, 74 (4th Cir. 1994) (bare or conclusory assertions of retaliation are insufficient to establish a retaliation claim).
Cited 0 timesUnknownSigmon v. Recovery Equity Investors, L.P. (In Re Shelby Yarn Co.)
306 B.R. 523 · District Court, W.D. North Carolina · Feb 19, 2004
Do the Defendants qualify as employers under the various statutes 1. … REI II was clearly an employer.
Cited 3 timesPublishedDistrict Court, W.D. North Carolina · Mar 31, 2020
Fourth Circuit precedent establishes that “first-degree murder” qualifies categorically as a crime of violence under the force clause of § 924(c). … Jackson’s offense of aggravated sexual abuse also clearly qualifies as a crime of violence under the force clause.
Cited 0 timesUnknownDistrict Court, W.D. North Carolina · Jun 17, 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 … 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
Cited 0 timesUnknown464 F. Supp. 696 · District Court, W.D. North Carolina · Jan 31, 1979
Well, taking into consideration the claimant’s age and the level of education, which from a vocational point of view would be considered minimal and therefore would, along with her work experience, only qualify her for what … insufficient to carry the Secretary’s burden of establishing residual employability.
Cited 1 timesPublishedDistrict Court, W.D. North Carolina · Dec 17, 2019
his criminal trial, Petitioner filed two motions to suppress evidence, one of which argued that the affidavit in support of the warrant to search a cabin at 380 Allison Drive contained false information and failed to establish … 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 timesUnknownStafford v. Bojangles' Restaurants, Inc.
District Court, W.D. North Carolina · Oct 20, 2023
“[T]he similarity between comparators and the seriousness of their respective offenses must be clearly established in order to be meaningful.” Lightner v. … Failure to Promote To establish a prima facie case of failure to promote, Plaintiff must establish that he (1) applied and (2) was qualified for the position in question, but (3) was
Cited 0 timesUnknownHorne v. Novartis Pharmaceuticals Corp.
541 F. Supp. 2d 768 · District Court, W.D. North Carolina · Mar 25, 2008
In order to establish a claim for negligence under North Carolina law, the Plaintiff must establish the following elements: “duty, breach of duty, proximate cause, and damages.” Camalier v. … It is well-established under North Carolina law that a plaintiff may recover for a breach of implied warranty of merchantability without any proof of negligence if the plaintiff can establish the following elements: “(1)
Cited 15 timesPublishedDistrict Court, W.D. North Carolina · Apr 2, 2020
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 … 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).
Cited 0 timesUnknownDistrict Court, W.D. North Carolina · Jul 27, 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 … Here, the Plaintiff has not established any of the elements that would warrant preliminary injunctive relief.
Cited 0 timesUnknownDistrict Court, W.D. North Carolina · Aug 19, 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 … Nonetheless, the law is well-established that taunting comments, slurs, threats, and other verbal harassment by correctional facility staff, without more, are not actionable under § 1983. Wilson v.
Cited 0 timesUnknownDistrict Court, W.D. North Carolina · Apr 2, 2020
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 … 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).
Cited 0 timesUnknownDistrict Court, W.D. North Carolina · Jan 10, 2023
This claim again passes initial review, as it is not clearly frivolous. [See Doc. 12 at 7-8]. … He claims that these individuals have “information relevant and critical to establish claims.” [Doc. 47 at 1].
Cited 0 timesUnknownDistrict Court, W.D. North Carolina · Aug 12, 2020
acceptable at this stage of the proceedings to refute Defendants’ forecast of evidence that no constitutional violation occurred.4 4 The Court also notes that, because Plaintiff did not establish … the violation of a constitutional right, Defendants are also entitled to qualified immunity in their individual capacities, in any event.
Cited 0 timesUnknownDistrict Court, W.D. North Carolina · Jul 6, 2026
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 … Generally, a litigant seeking equitable tolling bears the burden of establishing: (1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way.
Cited 0 timesUnknown633 F. Supp. 1529 · District Court, W.D. North Carolina · May 7, 1986
However, if she has no income of her own which may be attributed to her child, the child may qualify for assistance as a one-person unit. … The test established in Hisquierdo established that this was not enough.”
Reversed on other grounds by Bowen v. Gilliard, 483 U.S. 587 (1987)Cited 12 timesPublishedDistrict Court, W.D. North Carolina · Jan 29, 2020
He further argues that his Hobbs Act conspiracy offense does not qualify as a crime of violence under the remaining parts of that definition. [Id. … Accordingly, the Petitioner cannot establish the “actual innocence” necessary to overcome his procedural default.
Cited 0 timesUnknownDavis v. Mecklenburg County Detention Center
District Court, W.D. North Carolina · Jan 12, 2024
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 … Gibbs, 550 F.2d 926, 928 (4th Cir. 1977) (to establish liability under 42 U.S.C. § 1983, a plaintiff must show that the defendant “acted personally” to cause the alleged violation).
Cited 0 timesUnknownDistrict Court, W.D. North Carolina · Jun 12, 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 … MacCollom, 426 U.S. 317, 321 (1976) (“The established rule is that the expenditure of public funds is proper only when authorized by Congress….”). The IV.
Cited 0 timesUnknown
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