North Carolina Lawyers Weekly

Where 23 individuals argued their inclusion in a terrorist screening database subjected them to delays at airports, because the alleged delays were relatively modest and not atypical for travelers, their experiences did not arise to the level of constitutional concern. ...

Where other remedies are available to an inmate claiming prison officials violated his First Amendment rights by retaliating against him for filing grievances, allowing a Bivens remedy could lead to an intolerable level of judicial intrusion into an issue best ...

Where an elementary school principal omitted a fourth grader’s essay on LGBTQ equality from a student booklet because the material was not age-appropriate, she did not violate the First Amendment as her decision was reasonably related to legitimate pedagogical concerns ...

In the Office of Administrative Hearings, plaintiff, a former Medicaid provider, has ongoing contested cases against defendant North Carolina Department of Health and Human Services (DHHS) regarding the denial of plaintiff’s Medicaid claims. Nevertheless, since plaintiff’s constitutional claims against DHHS ...

Even though an Alabama state university registered as a nonprofit corporation in North Carolina, and even though all of the actions that plaintiff complains of occurred in North Carolina, under Franchise Tax Board of California v. Hyatt, 203 L.Ed.2d 768 ...

Where unaccompanied immigrant children detained by the government alleged they were not receiving a constitutionally adequate level of mental health counseling, the proper standard was whether the care substantially departed from accepted professional standards. Background Appellants are a class of ...

Where the record showed that a deaf inmate could not communicate in writing because of his lack of English proficiency, that point-to-point videophone calls would not have a “ripple effect” on fellow inmates or prison staff, and that the prison ...

  During the plaintiff-school board’s appeal of the trial court’s ruling—rejecting the school board’s claim that funds paid by hog producing companies pursuant to an agreement (the Agreement) with the Attorney General were penalties required to be turned over to ...

Although North Carolina previously acted with racially discriminatory intent in enacting a 2013 omnibus voting law that included voter-ID requirement, it was error to assume that same intent influenced the passage of the state’s 2018 voter-ID law. Background This case ...

Where Baltimore’s short-term aerial surveillance program does not target particular individuals or violate a reasonable expectation of privacy, and seeks to meet a serious law enforcement need without burdening constitutional rights, the denial of community activists’ request for a preliminary ...