Case law

Brand

District Court, W.D. North Carolina · May 13, 2026

The first sentence of the Petitioner’s timeliness statement is confusing as he clearly requests upfront that the Court consider equitable tolling to save his petition from dismissal based on “the State’s impediments to … The Petitioner has not established that he is entitled to equitable tolling to excuse the untimeliness of his § 2254 petition.

Polanco v. HSBC Bank USA National Association

District Court, W.D. North Carolina · Feb 5, 2020

Put simply: the evidence clearly establishes that Plaintiff’s cancer is at least the initial cause of her emotional distress, and Plaintiff fails to provide any basis for a jury to determine that Defendants’ actions, … In fact, Plaintiff specifically stated in her letter to the AG’s Office that it was a “Written Qualified Request.” (Doc. No. 66-8, at 19).

Martin v. Cloniger

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

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 a complaint raises an indisputably meritless legal theory or is founded upon clearly baseless factual contentions, such as fantastic or delusional

Le Maitre v. Chester

District Court, W.D. North Carolina · Mar 10, 2021

An inmate has a clearly established First Amendment right to be free from retaliation for filing grievances. See Booker v. S.C. … Taking Plaintiff’s allegations as true, the Court finds that his claim on this ground is clearly frivolous.

Waskey v. Leslie

District Court, W.D. North Carolina · Oct 29, 2021

In her Complaint, the Plaintiff alleged that she “is a qualified individual with a disability within the meaning of Title II of the ADA” and that she “has a physical or mental disability or impairment that substantially … The movant has the burden to establish the grounds set forth in the motion and such grounds “must be clearly substantiated by adequate proof.” In re Burnley, 988 F.2d 1, 3 (4th Cir. 1992) (quoting Thomas v.

Hayes v. D.P.S, NC Corr

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

Wattley v. City of Charlotte

District Court, W.D. North Carolina · Mar 31, 2021

The Fourth Circuit likewise reasoned, in the context of applying qualified immunity to law enforcement officers on a failure to investigate a claim, that private citizens have “no right to a criminal investigation or criminal … Plaintiff has the burden to establish subject-matter jurisdiction and has failed to do so. 8 Plaintiff lacks standing in this case because (1) claims

Pagan v. Brogdon

District Court, W.D. North Carolina · Jun 20, 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 liability under 42 U.S.C. § 1983, a plaintiff must show that the defendants “acted personally” to cause the alleged violation. See Vinnedge v.

Mobley v. Henderson County Sheriff's Department

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

Jordan v. Newman

District Court, W.D. North Carolina · Dec 17, 2019

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 … 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

Bingham v. Garland

District Court, W.D. North Carolina · Nov 26, 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 … 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

Smith v. Charter Communications

District Court, W.D. North Carolina · Jul 2, 2020

As pertinent here, to establish a prima facie case of disability discrimination under the ADA, Plaintiff must prove (a) he was a member of the class protected by the ADA, i.e., he was a qualified individual with a disability … Beyond vague and conclusory assertions, Plaintiff has not identified any positions in the pertinent time periods for which he applied and was not selected, nor has he established that he was qualified for any such positions

Anderson v. Vickery

District Court, W.D. North Carolina · Mar 2, 2022

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 … Rather, to establish liability under § 1983, a plaintiff must show that the defendant “acted personally” to cause the alleged violation. See Vinnedge v.

Chambers v. Warden of Alexander Correctional

District Court, W.D. North Carolina · Mar 18, 2024

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 … Supervisors To establish liability under 42 U.S.C. § 1983, a plaintiff must show that the defendants “acted personally” to cause the alleged violation.

Hunter v. Amazon.com Services, LLC

District Court, W.D. North Carolina · Nov 12, 2021

Merging these authorities and applying them to the instant case, the Court presumes without deciding that Plaintiff’s participation in an investigation of her own misconduct could qualify as protected activity if—and only … First, this statute provides immunity to an employer, and it does not appear to create a separate right of action for an employee.

Crawford v. Burke County District Attorney's Office

District Court, W.D. North Carolina · Apr 15, 2020

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 … 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

Pagan v. Brogdon

District Court, W.D. North Carolina · Jun 20, 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 liability under 42 U.S.C. § 1983, a plaintiff must show that the defendants “acted personally” to cause the alleged violation. See Vinnedge v.

Cole v. North Carolina Department of Adult Corrections

District Court, W.D. North Carolina · May 14, 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 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

Kisiah

District Court, W.D. North Carolina · Mar 13, 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 … 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

McKinney v. Cleveland County Board of Education

District Court, W.D. North Carolina · Mar 25, 2022

As the mixed-motive framework under Title VII, a plaintiff “may establish a claim of discrimination by demonstrating through direct or circumstantial evidence that sex . . . … In Plaintiff’s response to the summary judgment motion, Plaintiff argues that she made a request for reasonable accommodations under the ADA which “was adequate, and clearly put the employer on notice.” (Doc.