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Tag Archives: Civil Rights

The hard work behind the civil rights movement (access required)

Henry Frye and wife Shirley in 1966.

That Henry Frye at first demurred when writer Howard E. Covington sought to write his biography is a testament to the groundbreaking jurist’s steadfast modesty. Covington had plenty of material. He first came to know Frye and his wife Shirley in 1969 when he was a reporter covering the General Assembly and Frye was sworn in as the first African-American legislator in North Carolina in the 20th century.

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Constitutional – Civil Rights – False Arrest & Excessive Force – Fourth Amendment – First Amendment – Profanity Arrest (access required)

Elabanjo v. Bellevance Even though plaintiff’s district-court conviction of being drunk and disorderly was overturned on appeal, the conviction conclusively establishes that the defendant-police officers had probable cause to arrest plaintiff on those charges.

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Labor & Employment – Civil Rights — Race Discrimination – Retaliation Claim – Termination – FMLA Leave – Failure to Promote (access required)

Whitaker v. Nash County Although plaintiff did file an EEOC charge alleging race discrimination, since (1) her doctor would not certify her as fit at the end of her 12 weeks of FMLA leave, (2) defendants determined that plaintiff’s position was critical, and (3) plaintiff did not take defendants up on their offer to suggest accommodations, plaintiff has not shown that her termination was in retaliation for her EEOC charge.

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Tort/Negligence – Wrongful Death – Civil Rights – Taser – Prisons & Jails (access required)

Cobbs v. County of Guilford Plaintiff alleges that her decedent, a jail inmate, was unarmed, had been tasered once, was “handcuffed behind his back, after which time he was restrained and then tasered in the back,” and “died as a result of an application of restraint….” Plaintiff states a wrongful death claim, notwithstanding the public officer immunity doctrine.

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Civil Rights – Discrimination – Public Utilities — Solid Waste Collection – Constitutional – Equal Protection Clause (access required)

Cedar Greene, LLC v. City of Charlotte The city’s policy of reimbursement for solid waste disposal for multi-family complexes – namely that it will reimburse solid waste disposal fees only for its single preferred collection company – is not discriminatory.

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