North Carolina Lawyers Weekly

Where the trial court’s finding that a defendant encouraged a hospital patient to attack the plaintiff was based on its credibility determination of the witnesses, it was affirmed. But where the doctor’s decision regarding treatment was based on his professional ...

Officers sued for wrongful arrest in a case involving employee theft at a Walmart were correctly denied qualified immunity because the record did not provide an objectively reasonable belief in the probable cause required to justify an arrest. Background In ...

An officer who shot a privately owned dog during the course of assisting with an arrest warrant lost his bid for dismissal and qualified immunity. Although the court had not previously held that it is unreasonable for a police officer ...

Where an appellant brought a qui tam action pro se, the court joined other circuits in holding a relator cannot bring a pro se qui tam action under the False Claims Act, or FCA, because the federal government could be bound by an ...

Two servicemembers discharged after the Air Force determined that HIV made them unfit for service were granted a preliminary injunction because they were likely to show the government violated the Administrative Procedure Act, or APA; that they would suffer irreparable ...

The defendant-agency’s production of 13,000 documents and affidavits of its employees explaining their compliance with the parties’ memorandum of understanding (MOU) support the trial court’s conclusion that the agency substantially complied with the MOU. We affirm the trial court’s order ...

Where police shot at a man 29 times in his dwelling after officers armed with assault rifles entered the home with a warrant to search for drugs and failed to identify themselves as police, the facts showed an officer’s use of ...

In its denial of petitioner’s application for a concealed handgun permit, the respondent-sheriff’s office merely cited to and recited the substance abuse subsection of G.S. § 14-415.12. Thus, petitioner had no prior notice that either his mental health or the ...

Where the evidence showed one official within the prison’s health department was aware of the plaintiff’s Hepatitis C status, lack of treatment and resulting risk of harm, and another official postponed treatment for inmates with Hepatitis C knowing it would ...

Where state and county law enforcement officers allegedly coerced a false confession out of two teenage boys with severe intellectual disabilities, the officers are not entitled to qualified immunity because they violated teenagers’ clearly established constitutional rights. Background This case ...