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Tag Archives: Judge Barbara Milano Keenan

Requiring proof of residency may be Fair Housing violation (access required)

4tth Circuit Seal FEA

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 ...

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EDVA: Districts’ black voter thresholds lack justification (access required)

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 ...

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4th Cir.: Pleading standard clarified for CWA discharge claims (access required)

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 ...

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4th Cir.: Search of “sexting” suspect unreasonable (access required)

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 ...

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4th Cir.: Continuing “indifference” extends limitations period (access required)

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 ...

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4th Cir.: Officer’s history of excessive force admissible (access required)

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 ...

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Despite Salary Schedule, Jury Could Find Unequal Pay (access required)

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, ...

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Employer must show reasons for pay disparity actually used (access required)

Pay Gap_FEA

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 ...

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