Quantcast

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

HHS no longer enjoined from recouping overpayments from provider (access required)

Where the Department of Health and Human Services was enjoined from recouping alleged overpayments of Medicare reimbursements from a health care provider until an administrative proceeding was completed, the injunction was vacated because the provider could seek expedited judicial review ...

Read More »

Developer can’t blame easement holder for failed deal (access required)

Although a real estate developer’s agreement to purchase property for residential development fell through because of a pipeline easement held by a gas transmission company, the developer failed to allege claims for inverse condemnation, unlawful taking, breach of contract and ...

Read More »

Inmate in solitary confinement asserts Eighth Amendment claim (access required)

Where the inmate demonstrated he was denied a meaningful opportunity to shower and exercise while he was in solitary confinement, and the parties disputed whether the denials were sufficiently serious and whether prison officials acted with a sufficiently culpable state ...

Read More »

Warrantless search of electronic devices was improper (access required)

The warrantless forensic searches of defendant’s electronic devices lacked the requisite nexus to the recognized historic rationales justifying the border search exception. Background In April 2015, a minor alerted law enforcement officers that Raymond Idemudia Aigbekaen and another man had ...

Read More »

Defendant’s threat of ‘manhunt’ for officers supported warrant (access required)

Where the defendant made a series of online threats against police officers generally, as well as threats that he was on a “manhunt” for three particular officers, the search warrant was adequately supported. And where he failed to establish that ...

Read More »

Two Baltimore police officers guilty of racketeering (access required)

Two Baltimore police officers charged with robbing citizens during the course of their police work and committing fraud in obtaining overtime pay were unsuccessful in arguing that the evidence was insufficient to hold them liable for racketeering and conspiracy and ...

Read More »

Officer denied qualified immunity after shooting in victim’s home (access required)

Where police shot at a man 29 times in his dwelling after officers armed with assault rifles entered the home with a warrant to search for drugs and failed to identify themselves as police,  the facts showed an officer’s use ...

Read More »