Case law

Harris v. Mack

District Court, W.D. North Carolina · Jun 7, 2021

“The objective component asks whether the force applied was sufficiently serious to establish a cause of action.” Id. … When a district court dismisses all claims independently qualifying for the exercise of federal jurisdiction, it “ordinarily dismiss[es] all related state claims.” Artis v. Dist.

Murray v. Beaver

District Court, W.D. North Carolina · Jun 17, 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

Polk v. Mecklenburg County

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

protected speech; and third, Plaintiff has not established causation. … An employee is only entitled to an FMLA benefit if the employee is taking “FMLA- qualifying leave” and provides adequate notice to the employer of the qualifying leave.

Metzger v. Randall

District Court, W.D. North Carolina · Sep 3, 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 liability under 42 U.S.C. § 1983, a plaintiff “must affirmatively show that the official charged acted personally in the deprivation of [his] rights.” Williamson v.

Smith v. Staton

District Court, W.D. North Carolina · Apr 17, 2024

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

Duke Energy Carolinas, LLC v. NTE Carolinas II, LLC

District Court, W.D. North Carolina · Dec 8, 2021

Warren does not qualify as the type of counsel protected by the Shelton rule, at least as it might apply to a blanket prohibition on deposing Ms. Warren. Ms. … While, again, the Court will (as expressed to the parties) have no tolerance for improper or harassing conduct, Duke has not established any basis to artificially restrict Ms.

Price v. Norman

District Court, W.D. North Carolina · Mar 14, 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 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 5 Because the Plaintiff

Mitter v. Henderson County

District Court, W.D. North Carolina · Mar 7, 2023

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 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

Burr v. Macon County Sheriff's Department

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

Lack, 487 U.S. 266, 276 (1988) (establishing the prisoner mailbox rule); Lewis v. … In its frivolity review, a court must determine whether a complaint raises an indisputably meritless legal theory or is founded upon clearly 5 The Court’s records reveal that the Plaintiff has addressed the

Capps v. Berryhill

District Court, W.D. North Carolina · Jan 23, 2020

Consequently, for her to qualify for benefits, she must have been disabled prior to this date. Brown v. Comm. Soc. Sec. … Doc. 12, p. 28 (“the evidence clearly shows that Mrs. Capps’ left upper extremity was substantially limited as early as November 2011 and became much worse through the date last insured.

Scott v. Watson

District Court, W.D. North Carolina · Oct 14, 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 … In doing so, the plaintiff must set forth “specific, non-conclusory factual allegations that establish an improper [discriminatory] motive.” Williams v.

Cromartie v. North Carolina Department of Public Safety of Prisions

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

In its frivolity review, a 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 … Benjamin, 77 F.3d 756, 768 (4th Cir. 1996) (“it is now well established that the Eighth Amendment ‘serves as the primary source of substantive protection to convicted prisoners,’ and the Due Process Clause affords a prisoner

Vang v. Catawba Medical Center

District Court, W.D. North Carolina · Feb 9, 2023

While the complaint must be construed liberally, the Court may “pierce the veil of the complaint’s factual allegations and dismiss those claims whose factual contentions are clearly baseless,” including such claims that … “Disability” under the ADA may be established by a showing of: (1) “a physical or mental impairment that substantially limits one or more major life activities”; (2) “a record of such an impairment”; or (3) “being regarded

Shakespeare v. Novant Healthcare Inc.

District Court, W.D. North Carolina · Dec 20, 2023

To be clear, Pledger recognized that nearly “half of all states similarly demand that medical malpractice plaintiffs secure some sort of early support from a qualifying expert,” and the Fourth Circuit explicitly … Under this record, the undisputed evidence establishes that Novant Health was not a healthcare provider, did not render any medical care to Mr.

Watkins v. Copeland

District Court, W.D. North Carolina · Apr 1, 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 … For excessive force claims, the objective component asks whether the force applied was sufficiently serious to establish a cause of action.

Pacheco v. Wyatt

District Court, W.D. North Carolina · Jan 17, 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 … Stansberry, 772 F.3d 340, 346-47 (4th Cir. 2014) (objectively, the prisoner “must establish a serious deprivation of his rights in the form of a serious or significant physical or emotional injury”).

Muslim v. Andersen

District Court, W.D. North Carolina · Sep 22, 2020

In its frivolity review, the 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 … For issue preclusion to apply, the proponent must establish that: (1) the issue sought to be precluded is identical to one previously litigated; (2) the issue must have been

Burris v. United States

District Court, W.D. North Carolina · Nov 21, 2022

any plea that categorized him as a career offender; he agreed to plead guilty when counsel promised that he would not be a career offender; he was designated a career offender even though one of his offenses does not qualify … Lack, 487 U.S. 266, 276 (1988) (establishing the prisoner mailbox rule). 2 The PSR identified three prior offenses upon which the career offender enhancement was based whereas only two were required to support the career

Jasmaine f/k/a Duane L. Fox v. Pitts

District Court, W.D. North Carolina · Feb 3, 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 … 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

Trent v. Honeycutt

District Court, W.D. North Carolina · Dec 2, 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 … An inmate has a clearly established First Amendment right to be free from retaliation for filing grievances. See Booker v. S.C. Dep’t of Corrs., 855 F.3d 533, 540 (4th Cir. 2017); Thompson v.