Connect with us

North Carolina

North Carolina family can sue over unwanted COVID-19 shot, court rules

Published

on

North Carolina family can sue over unwanted COVID-19 shot, court rules


A North Carolina mother and son can sue a public school system and a doctors’ group on allegations they gave the boy a COVID-19 vaccine without consent, the state Supreme Court ruled on Friday, reversing a lower-court decision that declared a federal health emergency law blocked the litigation.

A trial judge and later the state Court of Appeals had ruled against Emily Happel and her son Tanner Smith, who at age 14 received the vaccination in August 2021 despite his protests at a testing and vaccination clinic at a Guilford County high school, according to the family’s lawsuit.

Smith went to the clinic to be tested for COVID-19 after a cluster of cases occurred among his school’s football team.

The Guilford County School’s administrative building in Greensboro, North Carolina. Google Maps

He did not expect the clinic would be providing vaccines as well, according to the litigation. Smith told workers he didn’t want a vaccination, and he lacked a signed parental consent form to get one.

Advertisement

When the clinic was unable to reach his mother, a worker instructed another to “give it to him anyway,” Happel and Smith allege in legal briefs.

Happel and Smith sued the Guilford County Board of Education and an organization of physicians who helped operate the school clinic, alleging claims of battery and that their constitutional rights were violated.

A panel of the intermediate-level appeals court last year ruled unanimously that the federal Public Readiness and Emergency Preparedness Act shielded the school district and the Old North State Medical Society from liability.

The law places broad protections and immunity on an array of individuals and organizations who perform “countermeasures” during a public health emergency.

A syringe is loaded with a dose of the COVID-19 vaccine at a clinic in British Columbia, Canada on April 10, 2021. AP

A COVID-19 emergency declaration in March 2020 activated the law’s immunity provisions, Friday’s decision said.

Advertisement

Chief Justice Paul Newby, writing Friday’s prevailing opinion, said that the federal law did not prevent the mother and son from suing on allegations that their rights in the state constitution had been violated.

In particular, he wrote, there is the right for a parent to control their child’s upbringing and the “right of a competent person to refuse forced, nonmandatory medical treatment.”

North Carolina Supreme Court Chief Justice Paul Newby addresses the audience at the Legislative Building in Raleigh, NC on July 10, 2024. AP

The federal law’s plain text led a majority of justices to conclude that its immunity only covers tort injuries, Newby wrote, which is when someone seeks damages for injuries caused by negligent or wrongful actions.

“Because tort injuries are not constitutional violations, the PREP Act does not bar plaintiffs’ constitutional claims,” he added while sending the case back presumably for a trial on the allegations.

Associate Justice Allison Riggs wrote a dissenting opinion backed by the other Democratic justice on the court. AP

The court’s five Republican justices backed Newby’s opinion, including two who wrote a short separate opinion suggesting the immunity found in the federal law should be narrowed further.

Advertisement

Associate Justice Allison Riggs, writing a dissenting opinion backed by the other Democratic justice on the court, said that state constitutional claims should be preempted from the federal law.

Riggs criticized the majority for “fundamentally unsound” constitutional analyses.

“Through a series of dizzying inversions, it explicitly rewrites an unambiguous statute to exclude state constitutional claims from the broad and inclusive immunity,” Riggs said.



Source link

Advertisement

North Carolina

Pair charged at NC coast after little girl’s face held under water beneath Sunset Beach pier, police say

Published

on

Pair charged at NC coast after little girl’s face held under water beneath Sunset Beach pier, police say


RALEIGH, N.C. (WNCN) — A woman and a man are facing child abuse charges after a Friday afternoon report that a little girl was held upside down with her face under the surf beneath a Sunset Beach pier along the North Carolina coast, police said.

The incident was reported just after 6:30 p.m. Friday along the beach under the Sunset Beach Pier, according to a Saturday evening news release from the Sunset Beach Police Department.

Police on the Brunswick County island, located at the South Carolina line, said there were “social media posts and videos” of the incident.

“The safety and well-being of every child in our community remains our highest priority,” police said.

Advertisement

Police said they were asking for witnesses in the case or anyone who has additional information.

“The charges stem from a 911 call reporting that a male was intentionally holding a child upside down by her legs, with her face submerged in the water against her will while she was screaming and crying,” the news release said.

Sunset Beach and the fishing pier. Photo courtesy: Sunset Beach Police Department

CRIME TRACKER — Sign up for CBS 17’s newsletter with the latest in local crime

Christopher Maurice Lee, 38, of Arcadia at Grande Dunes near Myrtle Beach, South Carolina, and Lesley Suzanne McClam, 26, of nearby Calabash, each charged with a count of misdemeanor child abuse, according to arrest warrants and the news release.

Police and a warrant said Lee was the “primary suspect” and that he is dating the girl’s mother.

Advertisement

The arrest warrant for Lee said he was “repeatedly placing (the) child’s head under water/attempting to while (the) child screamed and stated ‘stop.’ Did so again once child was out of water.”

Police said the charge is “the most serious level of misdemeanor offenses.”

Lee was released on a $1,000 secured bond.

The North Carolina Department of Social Services has been notified and is conducting an investigation in coordination with the Sunset Beach Police Department, officers said.

Police added that anyone with information should contact Sunset Beach Police Detective Sergeant Miloszar at (910) 880-8512.

Advertisement



Source link

Continue Reading

North Carolina

Report: Giants hosting North Carolina DB Thaddeus Dixon on top-30 visit

Published

on

Report: Giants hosting North Carolina DB Thaddeus Dixon on top-30 visit


The New York Giants have scheduled a top-30 pre-draft visit with North Carolina cornerback Thaddeus Dixon, reports NFL draft analyst Easton Butler.

Dixon, a 6-foot-1, 195-pound senior from Los Angeles, began his career at Long Beach City College before transferring to Washington. In 2024 with the Huskies, he earned honorable mention All-Big Ten honors, starting 12 games and leading the team with 10 passes defensed while recording 43 tackles.

He transferred to North Carolina for the 2025 season, where he started seven games and posted 20 tackles and six passes defensed before a hamstring injury limited his availability.

Advertisement

Scouts praise Dixon’s size, length, and athleticism, noting smooth mirroring in press coverage and effective use of his frame to contest passes. However, concerns remain about his top-end speed, consistency in short zones, and occasional upright posture in off coverage.

NFL analysts project him as an average backup or special teams contributor with a grade in the low-to-mid 70s range. He is widely viewed as a late-round prospect, often slotted around the sixth or seventh round.

The Giants enter the draft without a seventh-round selection unless they acquire additional picks through trade, making the visit notable for a player whose projection may not align with premium resources. Still, such meetings allow teams to assess character, scheme fit, and potential upside for depth roles in a rebuilding secondary.

Dixon’s combination of production at the Power conference level and physical tools could appeal to a Giants defense seeking versatile perimeter options and special teams assets.



Source link

Advertisement
Continue Reading

North Carolina

North Carolina advisory council recommends legalizing pot for adults

Published

on

North Carolina advisory council recommends legalizing pot for adults


A state advisory council is recommending that North Carolina lawmakers legalize marijuana through a tightly regulated system that would allow retail sales to adults — a shift that the group says will make consumption safer and bring millions of dollars in revenue to the state.

Marijuana is illegal under federal law, but dozens of U.S. states have legalized it. And nearly all states have legalized medical marijuana prescriptions for certain ailments. North Carolina is among the remaining states to resist any form of legalization.

As a result, billions of dollars are spent on illegal pot, according to a new report by the North Carolina Advisory Council on Cannabis. And other unregulated cannabis products are being manufactured to get people high, regardless of laws intended to stop that.

“Intoxicating cannabinoid products are already widely available across North Carolina,” the council says in its report, which was released this week. “The state now faces a choice about whether to continue allowing this marketplace to operate without comprehensive oversight or to establish a regulatory framework designed to protect the health, safety, and well-being of North Carolinians.” 

Advertisement

The group — formed by Gov. Josh Stein and made up of law enforcement officials, bipartisan lawmakers, health experts, farming interests and others — says a regulated market that allows licensed retail sales of such products to adults will lead to better oversight, enforcement and consumer safety. A final report with more detailed recommendations is expected later this year.

Tetrahydrocannabinol, or THC, is the main psychoactive ingredient in marijuana, which is illegal in North Carolina. Hemp and marijuana both contain THC, but hemp is legal in the state because it contains THC at far lower levels than marijuana does — enough to impart some side-effects that users seek out, but not enough to get people high.

But some growers and manufacturers have figured out how to extract THC from hemp plants and introduce products into the marketplace touting the legal substance they do contain — cannabidiol, or CBD — but may possess enough THC to get someone high. Those products don’t face the same labeling requirements as other drugs and, officials say, are easily available at vape shops and convenience stores throughout the state. They are often marketed as legal alternatives to marijuana but are sold without consistent statewide standards for manufacturing, testing, labeling, packaging or age verification. Some shops sell these products to minors, officials say.

Attaching more regulations to the industry — including making those products available only to adults — would protect consumers while aiming to keep the products out of the hands of minors, officials say. 

The council is recommending that lawmakers adopt a unified approach to regulating hemp and intoxicating cannabidiol products to reduce confusion over enforcement and compliance. The group said it was important to include protections for medical users, but it makes a case for avoiding a regulatory framework that restricts use to medical consumers only. 

Advertisement

“The costs of establishing a stand-alone medical cannabis program would likely be substantial and require significant state investment in agency infrastructure and oversight, physician education and certification, law enforcement training, compliance systems, and ongoing administrative support,” the report says. “These are not minor expenditures and represent the creation of an entirely new regulatory framework.”

The council added that restricting use to medical consumers “could fuel an already robust illicit market, without regulation to ensure consumer safety.”

Stein, a Democrat, has described the current patchwork of laws around marijuana and hemp and unregulated cannabis products as the “wild West.” He told WRAL last year that he supports the recreational use of marijuana and other intoxicating THC products by adults — a position that is likely to face opposition from Republican lawmakers. 

He has advocated for making those products available only to people 21 and older and a cannabis regulating agency similar to the North Carolina Alcoholic Beverage Control System, which controls the sale of liquor and requires bottles to list alcohol content and ingredients.

Legalization and regulation would also enable the state to collect tax revenue associated with sales of cannabis products. States that have chosen to regulate adult-use cannabis have generated between $33 million and $552 million in annual tax revenue, the council said in its report. That revenue could be used for enforcement and public health education campaigns. 

Advertisement

Lawmakers have introduced several proposals in recent years — including bills to crack down on unregulated cannabis products or to legalize medical marijuana — but none have passed both chambers of the General Assembly. Any move toward legalization would require approval from the Republican-led legislature, where views remain divided.

An adult-use legalization proposal, the Marijuana Legalization and Reinvestment Act, supported by Democratic lawmakers and Stein, was filed in March 2025. It would legalize possession and regulated use for adults 21 and older, set a 30% excise tax on cannabis sales with additional local taxing options, allow limited home cultivation and direct tax revenue into community reinvestment and public health programs. It also includes automatic expungement of past cannabis convictions and social equity provisions designed to help communities disproportionately impacted by prohibition.

A separate bill, the North Carolina Compassionate Care Act, proposed tightly regulated medical cannabis for patients with health conditions. The bill, sponsored by Sen. Bill Raben, R-Brunswick, passed the Senate in 2022 but stalled in the House. 

Top legislative leaders, including House Speaker Destin Hall and Senate leader Phil Berger, didn’t respond to requests for comment on the advisory council’s recommendations.

Stein is hoping this report will push the General Assembly to act during the short session that begins this month.

Advertisement

“Let’s get this right,” Stein said in a statement this week. “Let’s protect our kids and create a safe, legal, and well-regulated market for adults.” 

WRAL state government reporter Will Doran contributed to this report. 



Source link

Advertisement
Continue Reading

Trending