Political Asylum Application Rejected

Pentagon Officer Subject to Suit

By Deborah Elkins
Published: March 28, 2012
Tags: 4th U.S. Circuit Court of Appeals, Judge Henry F. Floyd, Tort

A Pentagon police officer who allegedly assaulted a contract security officer assigned to the Pentagon, while the two were stationed at a Pentagon security checkpoint, does not have sovereign immunity from a suit for assault under the Federal Tort Claims Act; the 4th Circuit reverses the district court decision that the U.S. was immune from [...]

Medical school can dismiss student who mistreated staff

By Peter Vieth
Published: March 13, 2012
Tags: 4th U.S. Circuit Court of Appeals, Civil Rights, Judge Henry F. Floyd

A medical school was not required to keep a student enrolled who repeatedly violated rules of professionalism, even though the student asked the school to accommodate his diagnosis of Attention Deficit Hyperactivity Disorder, a federal appeals court has ruled. The decision in Halpern v. Wake Forest University Health Sciences, VLW 012-2-048, appears to signal the [...]

No ADA Claim for Med Student’s ADHD

By Deborah Elkins
Published: February 29, 2012
Tags: 4th U.S. Circuit Court of Appeals, Civil Rights, Judge Henry F. Floyd

A medical student with ADHD and anxiety disorder can’t sue Wake Forest medical school for disability discrimination after his dismissal due to a pattern of unprofessional conduct with staff; with or without “reasonable accommodation,” the student is unqualified for the medical program, the 4th Circuit says. Plaintiff alleged his dismissal violated the Rehabilitation Act and [...]

No Fee Award for Winning Employer

By Deborah Elkins
Published: February 1, 2012
Tags: 4th U.S. Circuit Court of Appeals, Employment Discrimination, Judge Henry F. Floyd

Although an employer won a judgment on a jury verdict in this Title VII sexual harassment suit alleging complaints by a waitress, the district court did not err in denying the employer’s motion for attorney’s fees; the EEOC’s case survived dispositive motions, and the 4th Circuit upholds the district court finding that the EEOC’s position [...]

Dual Enhancement Upheld for Child Porn Sentence

By Deborah Elkins
Published: January 26, 2012
Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge Henry F. Floyd

A U.S. Navy information systems technician who was convicted for various crimes related to his collection of child pornography and plot with an undercover agent to kidnap, rape and murder a very young child, cannot overturn his 420-month prison sentence by challenging the district court’s enhancements under the federal sentencing guidelines. On appeal, defendant contends [...]