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In failing foster children in the state, North Carolina officials — and all defendants in the suit — violated several protections guaranteed in the U.S. Constitution, the lawsuit states.
A lawsuit accusing North Carolina officials of unnecessarily warehousing foster children in locked psychiatric facilities has survived the Department of Health and Human Services’ effort to ...
Ultimately, Young instituted a federal habeas action. The court determined that the Community Protection Act was civil and, therefore, it could not violate the double jeopardy and ex post facto guarantees. On appeal, the Court of Appeals reasoned that the case turned on whether the Act was punitive "as applied" to Young. [5] 5th
A common case would be a future threat of harm that would not constitute common law assault but would nevertheless cause emotional harm to the recipient. IIED was created to guard against this kind of emotional abuse, thereby allowing a victim of emotional distress to receive compensation in situations where he or she would otherwise be barred ...
The emotional distress for which monetary damages may be recovered, however, ought not to be that form of acute emotional distress or the transient emotional reaction to the occasional gruesome or horrible incident to which every person may potentially be exposed in an industrial and sometimes violent society. . . .
Gov. Roy Cooper, DHHS Secretary Kody Kinsley, Mecklenburg County and others failed to fix a broken system, the lawsuit says. Inept NC child protective system puts vulnerable kids in danger ...
This week, the North Carolina Supreme Court took up five related cases that will ultimately decide whether all or some of the lawsuits can move forward. Among the suited up attorneys in the ...
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