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Civil Rights

Sep 5, 2017

Tort/Negligence – Civil Rights – Malicious Prosecution – Obstruction of Justice – Day Trader

Braswell v. Medina (Lawyers Weekly No. 011-261-17, 28 pp.) (Mark Davis, J.) Appealed from Nash County Superior Court (Allen Baddour, J.) N.C. App. Holding: Even though a grand jury indicted plaintiff for obtaining property by false pretenses, since the complaint alleges that the defendant-police officers concealed or fabricated evidence in order to falsely show that […]

Jul 14, 2017

Litigation ban aimed at civil rights center, not clinics

Conservatives unhappy with the work of a civil rights center at the University of North Carolina say a ban on litigation is meant to spare legal clinics while applying only to academic centers. A revised version of the ban makes that distinction clear, said attorney Steve Long, a member of the board overseeing the 16-campus […]

May 31, 2017

Labor & Employment – Civil Rights – Discrimination Claim – National Origin – Misuse of Government Credit Card

Tahir v. Sessions (Lawyers Weekly No. 002-023-17, 10 pp.) (James Dever III, C.J.) 5:16-cv-00781; E.D.N.C. Holding: Plaintiff’s allegation that his termination by the FBI was harsher than usual punishment does not equal a plausible allegation that the FBI had failed to discharge a non-Arab American comparator who had admitted to intentionally using his government-issued credit […]

Mar 30, 2017

Labor & Employment – Civil Rights – Religious Discrimination Claim – Rastafarian Crown

Equal Employment Opportunity Commission v. Triangle Catering, LLC (Lawyers Weekly No. 002-018-17, 25 pp.) (Louise Flanagan, J.) 5:15-cv-00016; E.D.N.C. Holding: Where defendant’s termination of employee Michael Reddick included references to his wearing of a hat or “Rastafarian crown,” plaintiff has made out a claim for failure to accommodate; however, where plaintiff made no showing that [&[...]

Feb 23, 2017

Labor & Employment – Civil Rights – Retaliation Claim – Subordinate’s Knowledge

Felton v. Gates County Board of Education (Lawyers Weekly No. 002-009-17, 13 pp.) (W. Earl Britt, S.J.) 2:15-cv-00020; E.D.N.C. Holding: Defendant’s human resources director (1) knew that plaintiff had filed an EEOC complaint against a neighboring school system and (2) categorized candidates based on their qualifications. However, plaintiff does not challenge the HR director’s statement [&hell[...]

Feb 2, 2017

Labor & Employment – Civil Rights – Race Discrimination Claim – Hostile Environment & Failure to Promote – Retaliation Claim – Sexual Harassment

Woods v. Salem Electric Co. (Lawyers Weekly No. 003-002-17, 19 pp.) (Loretta Biggs, J.) 1:15-cv-00525; M.D.N.C. Holding: According to the African-American plaintiff, his white supervisor responded to a question by saying he was going to get a noose and tighten it every time plaintiff asked him a question, and then three years later, the same […]

Dec 5, 2016

Labor & Employment – Civil Rights – Sexual Harassment Claim – Notice to Employer

Cooper v. Smithfield Packing Co. (Lawyers Weekly No. 002-035-16, 14 pp.) (James Fox, S.J.) 7:13-cv-00145; E.D.N.C. Holding: Assuming plaintiff was – as she alleges – being sexually harassed from 2007 to 2011, she actively concealed the harassment from the defendant-employer when she certified in 2010 and 2011 that she did “not know about or suspect […]

Nov 30, 2016

Labor & Employment – Civil Rights – Sex Discrimination – Retaliation Claim – Failure to Promote – University Department Chair

McKissick-Melton v. North Carolina Central University (Lawyers Weekly No. 003-021-16, 9 pp.) (Catherine Eagles, J.) 1:16-cv-00605; M.D.N.C. Holding: Plaintiff alleges that she complained to the defendant-university’s chancellor about discrimination by the dean of the university’s College of Arts and Sciences, that she then addressed her concerns to the dean and the provost, and that the [&hell[...]

Nov 9, 2016

Labor & Employment – Civil Rights – Race Discrimination Claim – Schools & School Boards – Safety Threat – Medical Restrictions

Swaso v. Onslow County Board of Education (Lawyers Weekly No. 002-029-16, 12 pp.) (Louise Flanagan, J.) 7:13-cv-00224 Holding: Even though defendants allegedly responded less seriously to a threat against the plaintiff-teacher’s life than they did to a simultaneous threat against the defendant-principal, plaintiff has not alleged an adverse employment action. Defendants’ motion to dismiss is [[...]

Nov 2, 2016

$6.42M settlement for freed murder defendant

The city of Greensboro has agreed to pay $6.42 million to settle a federal lawsuit alleging that its law enforcement officials deprived a defendant of the right to a fair trial, leading to his conviction and 17-year imprisonment for a murder he did not commit. The City Council voted 7-1 to approve the settlement for […]

Aug 31, 2016

$825K settlement for woman who hurt herself in patrol car

The city of Charlotte has agreed to pay $825,000 to a young woman who injured herself while in the back of a police cruiser. Two attorneys for Tanisha Williams, whom they described as an 18-year-old with a documented history of mental illness, argued that city police officers failed to provide medical care for Williams. Her […]

May 23, 2016

Civil rights activist, Carter official Patricia Derian dies

Patricia M. Derian, who actively supported Mississippi public school desegregation and served as assistant secretary of state for human rights during the Carter administration, has died. Derian’s son, Michael Derian, confirmed his mother died early Friday. She was 86. Her husband, Hodding Carter III, said she died at their home in Chapel Hill, North Carolina, […]

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