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Tag Archives: Judge Allyson K. Duncan

School’s accreditation loss did not violate due process rights (access required)

Where a decision to revoke a school’s accreditation after the school failed to meet graduation rate requirements relied on a recommendation made by a team that included the president of a competing school, the level of competition between the schools ...

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Creditor could garnish accounts to collect on contempt order (access required)

A plaintiff was entitled to collect on a contempt award against a national business franchise by garnishing two bank accounts in the franchise’s name because the current owner of the franchise failed to establish that it had actually loaned money ...

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Decision on prisoner’s custody of child needed review (access required)

Where an immigration judge determined that an imprisoned father did not have physical custody of his child for purposes of the Child Citizenship Act, that decision should have been reviewed de novo by the Board of Immigration Appeals. Background Howard ...

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Application of enhancement did not change the sentence imposed (access required)

Any error resulting from the district court’s application of a sentencing enhancement for career offenders was harmless because, even if the enhancement was not applied, the court would have imposed the same sentence and that sentence would have been reasonable. ...

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Strip search of passenger did not violate the Fourth Amendment (access required)

Despite being conducted in a public area, an officer’s strip search of the passenger of a car stopped for a traffic violation did not violate the passenger’s Fourth Amendment rights because the search was limited in scope and manner and ...

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Defendants’ appeal based on immunity is premature (access required)

Defendants who collected fines imposed in traffic and misdemeanor cases in municipal court were sued for overseeing and enforcing policies and practices that allegedly violated plaintiffs’ constitutional rights. The defendants could not immediately appeal the denial of their pre-discovery immunity ...

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Pamlico Sound bridge clears another hurdle (access required)

In upholding the granting of summary judgment to the North Carolina Department of Transportation and the Federal Highway Administration, the court rejected claims by Outer Banks residents that the agencies violated federal laws in approving the Pamlico Sound bridge. Background ...

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