A mobile home park may have violated the Fair Housing Act by requiring residents to provide proof of their legal residency in the United States, the 4th U.S. Circuit Court of Appeals has ruled. Four Latino families allege that the ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Barbara Milano Keenan Judge Henry F. Floyd Judge James A. Wynn Jr. Judge T.S. Ellis III

Race predominated over traditional districting factors in construction of 11 challenged Virginia House of Delegates districts. This use of race was not narrowly tailored to achieve the interest of complying with the Voting Rights Act. Thus, the district divisions are ...

Tagged with: Civil Rights Constitutional Elections Equal Protection Judge Barbara Milano Keenan Judge Panel U.S. District Court - Eastern District

Bethune-Hill v. Va. St. Bd. of Elections, Case No. 3:14cv852, June 26, 2018. EDVA at Richmond (panel). VLW No. 018-3-262, 188 pp. Download Full-Text Opinion

Tagged with: Judge Arenda L. Wright Allen Judge Barbara Milano Keenan Judge Robert E. Payne

On an issue of first impression in this circuit, plaintiffs in citizen suits under the Clean Water Act must allege a “direct hydrological connection” between ground water and navigable waters in order to state a claim for a discharge of ...

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

In the corporate world, “pierce” and “veil” are words you don’t want to hear. The whole point of forming a corporation is to avoid individual liability. And so having a judge lift a corporation’s veil of protections to hold the ...

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

Even acting pursuant to a warrant, a police detective was not entitled to qualified immunity for compelling a teenager to perform a sexual act. Background In 2014, Manassas police detective David E. Abbott investigated allegations that 17-year-old Plaintiff T. Sims ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Criminal Immunity Judge Barbara Milano Keenan Search & Seizure

When inmates sue under § 1983 for prison officials’ disregard of a serious and ongoing medical need, the statute of limitations does not begin to run until the date, if any, on which adequate treatment is provided. Background Appellant Eric ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Barbara Milano Keenan Prisons & Jails

An officer’s conviction for injuring an arrestee was affirmed, in part because the officer’s past conduct toward individuals he perceived as disrespecting law enforcement was probative of his state of mind during the events giving rise to the crime. Background ...

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

Overturning the trial court’s grant of summary judgment in an equal-pay case, the circuit court held that an employer did not prove its affirmative defenses so convincingly that a juror would be compelled to accept them. The Maryland Insurance Administration, ...

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

In an Equal Pay Act case, an employer offering reasons for pay disparities between men and women must show it actually applied those reasons in the wage decision process to avoid liability, the 4th U.S. Circuit Court of Appeals has ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Barbara Milano Keenan Judge Henry F. Floyd Judge J. Harvie Wilkinson III