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Tag Archives: Judge J. Harvie Wilkinson III

Public Employees – Constitutional – Free Speech & Association – Assistant State’s Attorney (access required)

Borzilleri v. Mosby (VLW No. 017-2-184, 13 pp.) (Wilkinson, J.) No. 16-1751; Oct. 17, 2017; USDC at Baltimore, Md. (Motz, S.J.) 4th Cir. Holding: Since assistant state’s attorneys implement the policies of their elected bosses, the newly elected defendant-state’s attorney ...

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En Banc Court Strikes Legislative Prayer Practice (access required)

A divided 4th Circuit upholds a decision declaring unconstitutional North Carolina county commissioners’ delivery of pointedly sectarian invocations, composed by individual commissioners, prior to commission meetings; the lawmakers’ prayer practices violate the First Amendment, the court says on rehearing en ...

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No Taxpayer Standing in Religious Exemption Case (access required)

Plaintiffs, including same-sex couples who are either engaged or married, cannot rely on taxpayer standing to challenge North Carolina Senate Bill 2, which grants state magistrates a religious exemption from performing marriages of same-sex couples; the 4th Circuit affirms dismissal ...

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Court Upholds Zoning Limitation Provision (access required)

A district court did not err in dismissing a landowner’s suit challenging a county’s comprehensive plan to extend sewer service, including a grandfather/merger provision designed to limit overdevelopment; finding a regulatory taking or constitutional violation in this situation would invalidate ...

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Officer, prosecutor immune in false arrest appeal (access required)

Handcuffs Policeman Criminal FEA

A police officer and a prosecutor who failed to revoke arrest warrants after learning that no crime was committed – leading to the arrests of an Alexandria couple – are immune from civil rights claims, a federal appeals court has ...

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