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 ...

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

A plaintiff whose excessive force suit alleges defendant police officer shot plaintiff as he attempted to escape a mob of local people chasing him after attacking plaintiff and his car in a parking lot can sue the officer under North ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge James A. Wynn Jr.

Defendant prison officials win summary judgment in an inmate’s suit alleging their failure to provide a separate pill-call time for inmates fasting during Ramadan violated his rights under the First Amendment and the Religious Land Use and Institutionalized Persons Act; ...

Tagged with: Civil Rights Judge Mark Davis U.S. District Court - Eastern District

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 ...

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

Although the director of admissions for a community college radiation therapist program said plaintiff applicant “brought up religion a great deal during the interview” for admission to the program, plaintiff does not have a First Amendment retaliation claim arising from ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Henry F. Floyd

An apartment tenant who alleges a brain injury left him particularly susceptible to emotional distress resulting from a maintenance worker’s appearance in his apartment, without prior notice from the property management company, has failed to state claims against the company ...

Tagged with: Civil Rights Judge Liam O'Grady U.S. District Court - Eastern District

An El Salvadoran citizen’s detention for 10 months pursuant to a reinstated removal order does not violate the Due Process Clause when the alien’s petition for relief under the Convention Against Torture is pending before the immigration judge following the ...

Tagged with: Civil Rights Judge T.S. Ellis III U.S. District Court - Eastern District

In plaintiff’s suit under 42 U.S.C. § 1983 alleging defendant officers violated her civil rights when they were present during the private repossession of her vehicle, the Lynchburg U.S. District Court grants summary judgment to one officer on qualified immunity ...

Tagged with: Civil Rights Judge Norman K. Moon U.S. District Court - Western District

On remand after the 4th Circuit ordered that plaintiff be allowed to amend his complaint alleging false arrest in violation of his Fourth Amendment rights, the Roanoke U.S. District Court says the unrebutted evidence shows the sheriff had probable cause ...

Tagged with: Civil Rights Judge Glen E. Conrad U.S. District Court - Western District

Colleges have become frequent litigation targets for students who disagree with disciplinary penalties, but a recent, short-lived lawsuit against Virginia Tech focused – not on personal injury – but on social media behavior. A student claimed Virginia Tech officials violated ...

Tagged with: Civil Rights Facebook John Doe Judge Michael F. Urbanski U.S. District Court - Western District Virginia Tech