North Carolina Lawyers Weekly

Although the state is the sole shareholder of defendant North Carolina Railroad Co. (the Railroad), and although all of the Railroad’s directors are appointed by the governor and the General Assembly, since both the General Assembly and other governmental entities ...

At respondent’s involuntary commitment hearing, no representative appeared on behalf of the state. The doctor who filed the petition was present; the trial court called him as a witness and asked open-ended questions. Respondent’s attorney had the opportunity to cross-examine ...

Where detention of a male walking with an AR-15-style assault rifle was supported by reasonable suspicion, including that the same type of rifle had been used in a school shooting, he was walking toward a school, appeared to be a ...

Where a doctor was aware of an incarcerated man’s medical needs, took steps to increase the patient’s blood sugar level monitoring and explained that he chose not to prescribe insulin because he was afraid of an overdose, he was granted ...

In a case of first impression, the court joined other circuits in holding that the Health Insurance Portability and Accountability Act of 1996, or HIPAA, didn’t create a private right to sue. As such, a detainee who alleged his doctor ...

Where a man who was wrongfully incarcerated for three years for an alleged murder introduced evidence from which a reasonable jury could conclude a Baltimore homicide detective withheld exculpatory evidence from the prosecutor, the $15 million verdict was affirmed. Background ...

Where the government used a flawed analysis to convict the owner of a chain of pharmacies of Medicaid fraud, and he sued the prosecutor for fabricating evidence used at trial, the prosecutor was shielded by absolute immunity because she was ...

Where a former student sued a Virginia State University administrator for alleged due process violations in connection with a student discipline proceeding, the administrator was entitled to qualified immunity because there was no clearly established right to continued enrollment in ...

Where decisions from the Supreme Court and this court hold that inmates are entitled to some level of procedural protection, but none of those cases definitively require prior notice of administrative segregation hearings, a prison official sued for not providing ...

Where a 911 caller requested medical care for the decedent because of his consumption of alcohol and prescription drugs, and the officers knew the man was substantially inhibited in his ability to talk, walk or sit and they witnessed his ...