North Carolina Lawyers Weekly

Where a high school student alleged that he was suspended after expressing non-threatening factual views about a school shooting in Florida, the district court erred in dismissing his First Amendment claim. Schools cannot silence such student speech simply because it ...

Where the district court lacked insight into why the jury deadlocked on an excessive force claim brought by a detainee against a prison official, but awarded the detainee damages for his retaliation claim, it erred by assuming the two decisions ...

Where there were disputed facts over whether the decedent’s conduct provided justification for a state trooper to fire fatal shots, including that the officer claimed the man turned toward him while raising his hands, but the decedent was shot in ...

Where an inmate claimed that prison officials violated the Eighth Amendment by failing to decontaminate him in a timely manner after his exposure to pepper spray, but there was only a short delay in decontamination with no aggravating factors such ...

Where a detainee alleged that prison officials acted with deliberate indifference by delaying his receipt of medications, but none of his communications suggested that urgent intervention was required to avoid a risk of harm and there was no evidence the ...

Even though plaintiff was proceeding pro se in 2017 when the Industrial Commission ruled that, in 2011, the State Bureau of Investigation had properly noted that defendant’s 1969 murder conviction had been set aside, the Rules of Civil Procedure nonetheless ...

Even though plaintiff was proceeding pro se in 2017 when the Industrial Commission ruled that, in 2011, the State Bureau of Investigation had properly noted that defendant’s 1969 murder conviction had been set aside, the Rules of Civil Procedure nonetheless ...

Both the franchisee defendants and the franchisor defendant had moved to change venue when plaintiff noticed a hearing on change of venue for 12 December 2019. Plaintiff did not indicate which venue motion she was calendaring; however, the final calendar ...

Although a deputy commissioner entered default against defendant, when defendant appealed, the Industrial Commission vacated the entry of default and remanded to the deputy commissioner for a full evidentiary hearing on the merits. Since the action has not been disposed ...

A detainee’s claim against prison officials for lack of meaningful medical treatment was improperly dismissed. Although state law requires certification from a medical expert before filing a medical negligence claim in state court, that requirement does not apply in federal ...