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Tag Archives: Judge Barbara Milano Keenan

Invasive search of “sexting” suspect was 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.: 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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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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Constitutional – Ineffective Assistance – Plain Error Standard – Sentencing (access required)

On direct appeal, this court found no plain error in defendant’s sentencing as a career offender; however, trial counsel’s failure to do research or to object led to a much longer sentence than defendant would otherwise have received. The standards ...

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Invasion of Privacy – Teen Sexting – Warrant – Forced Masturbation (access required)

Sims v. Labowitz (VLW No. 017-2-209, 30 pp.) (Keenan, J.) (King, J., dissenting) 16-2174; USDC at Alexandria. (Hilton, S.J.) 4th Cir. Holding: In a child pornography case involving teen sexting, a police detective consulted with an assistant prosecutor and obtained ...

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