The court remanded the question of whether a sheriff is entitled to qualified immunity against a retaliatory discharge claim brought by a supervisor fired after leaking video of a prisoner being beaten by an officer. The district court must determine ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Per Curiam Opinion

A blind man who complained that the website of the Department of Labor Federal Credit Union was not accessible to the disabled lacked standing to sue because he was not a member. Background The Department of Labor Federal Credit Union ...

Tagged with: 4th U.S. Circuit Court of Appeals Banking Judge J. Harvie Wilkinson III

Because New York’s robbery statute required the use or threatened use of violent physical force, the defendant’s prior conviction for first degree robbery in New York was sufficient to impose the career offender sentencing enhancement under the Sentencing Guidelines. Background ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Barbara Milano Keenan

The delegation clause in the credit card agreement “clearly and unmistakably” places questions of arbitrability within the province of the arbitrator, and the district court erred in denying a motion to compel arbitration of a claim that the credit company ...

Tagged with: 4th U.S. Circuit Court of Appeals Arbitration Judge Barbara Milano Keenan

A man convicted of felony abduction in 2012 won vacation of a removal order based on the court’s finding that he was admitted to the United States in 2002, and the felony removal statute requires the crime be committed within ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Albert Diaz

Although the district court was imprecise in whether it was imposing an upward departure or a variance in sentencing a former postmaster for conspiracy to commit wire fraud, the appellate court found any error was harmless because the sentence was ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Per Curiam Opinion

Because a prior North Carolina conviction for robbery qualified as a “crime of violence” under the Sentencing Guidelines, applying a career offender enhancement to a bank robber’s base offense level was not error. Background Jarrett Terrell Edwards appeals his 192-month ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Per Curiam Opinion

The district court properly dismissed a suit brought by nursing homes on behalf of individual residents challenging Medicaid decisions made by Maryland state agencies because the relief they sought was barred by the Eleventh Amendment. Background Several nursing homes, on ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge G. Steven Agee

The dismissal of a parole officer’s discrimination claims was upheld, because they were filed under the Rehabilitation Act, which is governed by the two-year statute of limitations in the Maryland Fair Employment Practices Act rather than Maryland’s three-year statute of ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge John A. Gibney Jr.

A woman’s loss of an opportunity to earn overtime, which was a significant portion of her earnings, could be an adverse employment action sufficient to support a claim for retaliation, and her hostile work environment and retaliation suit is remanded. ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Barbara Milano Keenan