Quantcast

Tag Archives: 4th U.S. Circuit Court of Appeals

Maryland judge can’t be sued for ordering defendant shocked (access required)

4tth Circuit Seal FEA

Citing “judicial immunity,” the 4th U.S. Circuit Court of Appeals has upheld the dismissal of a multimillion-dollar civil rights lawsuit against a Maryland circuit court judge who ordered a deputy sheriff to use electrical shock to quiet a criminal defendant. ...

Read More »

Injunctive relief fails on one Winter factor (access required)

A district court did not err in denying preliminary injunctive relief to preserve the National Labor Relations Board’s ability to award relief following its adjudication of unfair labor practice charges against two hospitals. Because the Board did not show irreparable ...

Read More »

Evidence supported punitives for understaffing (access required)

In three wrongful death suits in which the jury found liability and awarded punitive damages, the district court erred in finding that the plaintiffs failed to show an “aggravating factor” under North Carolina law that would support punitives. Extensive trial ...

Read More »

Inquiries into alleged harassment didn’t violate 1st Amendment (access required)

4tth Circuit Seal FEA

The University of South Carolina didn’t violate student groups’ First Amendment rights by making inquiries into harassment allegations after a rally for “free speech,” the 4th U.S. Circuit Court of Appeals ruled Aug. 16. The appeals court unanimously upheld the ...

Read More »

Senate confirms two for 4th Circuit bench

4tth Circuit Seal FEA

WASHINGTON (AP) The U.S. Senate has confirmed two more of President Donald Trump’s judicial nominees, bringing to 26 the number of new appellate judges that have been approved this session of Congress. The judges confirmed Aug. 16 — South Carolina U.S. ...

Read More »

4th Cir.: Free expression not chilled by school’s initial inquiry (access required)

A university did not restrict or chill students’ speech by seeking their response to complaints that they had harassed others. The students, who’d sought and obtained university approval for a campus “Free Speech Event,” met with an official to discuss ...

Read More »

4th Cir.: Sentence-reduction motion was in feds’ discretion (access required)

By the unambiguous terms of a plea agreement, the government had discretion to determine whether the defendant had complied with his obligation under the agreement to give full and complete testimony when asked. Given this discretion, it was not required ...

Read More »