Plaintiffs’ First Amendment rights were not violated when a transit authority revoked their access to certain restricted property even though the revocation was made in retaliation to activities protected under the First Amendment. Background Plaintiff David McClure is the president ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Diana Gribbon Motz

A defendant who pleaded guilty to conspiracy to commit Hobbs Act robbery and  brandishing a firearm during and in relation to a “crime of violence” (the Hobbs Act conspiracy) had his sentence vacated after a sharply divided en banc court ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Diana Gribbon Motz

Students from the University of Virginia law school persuaded the court to join other circuits in holding the statute of limitations was equitably tolled during the period the prisoner was exhausting his administrative remedies, thus making his § 1983 excessive ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Diana Gribbon Motz

In a case involving a qui tam suit against four student loan corporations, the appellate panel rejected claims of error by the trial court for refusing to admit an audit of the Pennsylvania Higher Education Agency, and for faulty jury ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Diana Gribbon Motz Tort

The unauthorized inspection and copying of personnel files by a sheriff’s office employee in support of her discrimination claim was in violation of a valid, generally-applicable state law prohibiting such conduct and did not constitute “protected activity” sufficient to support ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Diana Gribbon Motz

An employee cannot break the law in order to collect evidence in support of a workplace discrimination lawsuit, the 4th U.S. Circuit Court of Appeals has ruled. Judge Diana Motz, writing for a unanimous panel, said that for an employee’s ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Employment Law Judge Diana Gribbon Motz

Although West Virginia has not promulgated or submitted required pollutant limits for its “biologically impaired” waterways, this failure doesn’t yet amount to a constructive submission of “no limits,” which would trigger EPA duties under the Clean Water Act. Background West ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Environmental Judge Diana Gribbon Motz

Officers acting in part on a tip from a 911 caller who gave only his first name had a reasonable articulable suspicion that the defendant had committed a crime, based on corroborating facts the officers discovered at the scene. The ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Criminal Judge Diana Gribbon Motz Search & Seizure

It was unreasonable for the defendant’s prior appellate counsel not to argue that his money laundering convictions were invalid because of a “merger” issue. Thus, the district court should not have denied the defendant’s habeas claim based on ineffective assistance ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Criminal Habeas Judge Diana Gribbon Motz

An officer violated the Fourth Amendment in shooting a suicidal man who had a knife but was threatening only himself. The officer was entitled to qualified immunity, but the unconstitutionality of his actions is clearly established as of the date ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Diana Gribbon Motz Personal Injury Search & Seizure