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Waters v. Pumphrey

N.C. Ct. App.October 18, 2022No. 20-816
Defendant WinScott Waters
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Case Details

Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
summary judgment

Related Laws

No specific laws identified for this ruling.

Claim Types

Retaliation

Outcome

The Court of Appeals affirmed the trial court's grant of summary judgment for the landlord (plaintiff/appellee), rejecting the tenant's retaliatory eviction defense and upholding the eviction. The court found that the protected act occurred more than 12 months before the eviction filing, placing it outside the statutory protection period.

Excerpt

summary judgment, retaliatory eviction, protected act, summary ejectment, notice to vacate

What This Ruling Means

**Waters v. Pumphrey: Retaliatory Eviction Case** This case involved a dispute between Waters and Pumphrey over what Waters claimed was a retaliatory eviction. Waters alleged that after engaging in some form of protected activity (likely related to tenant rights or workplace protections), Pumphrey responded by issuing a notice to vacate the premises. Waters argued this eviction notice was punishment for exercising legal rights, rather than for legitimate reasons. The case centered on a summary judgment motion, where one party asked the court to decide the matter without a full trial. The court had to determine whether there was enough evidence to show that the eviction was retaliatory rather than based on valid grounds. The specific outcome of this North Carolina Court of Appeals case from October 2022 is not detailed in the available information, so it's unclear which side prevailed. **What this means for workers:** This case highlights an important protection for employees and tenants. If you engage in legally protected activities—such as filing complaints about workplace safety, reporting violations, or asserting tenant rights—your employer or landlord cannot retaliate against you through eviction. However, proving retaliation can be challenging and requires strong evidence linking your protected actions to the eviction notice.

This summary was generated to explain the ruling in plain English and is not legal advice.

Browse more:Retaliation cases

More Rulings in This Case

Other orders and opinions in Waters from the same court.

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This ruling information is sourced from public court records via CourtListener.com. Case outcomes, claim types, and summaries are extracted using AI analysis and may be incomplete or inaccurate. It is provided for informational and educational purposes only and does not constitute legal advice.

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