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Tag Archives: Judge Diana Gribbon Motz

Documents in application all that is needed to decide TPS (access required)

Although a defendant satisfied the requirements to receive temporary protected status, or TPS,  and would have been granted TPS had the Immigration and Naturalization Service reviewed all documents in its possession, the denial of TPS was not fundamentally unfair because ...

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First Amendment rights not violated by revocation of privileges (access required)

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 ...

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Statute tolled on 1983 claim while remedies are exhausted (access required)

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 ...

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Unauthorized use of personnel files not ‘protected’ (access required)

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 ...

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Title VII doesn’t protect illegal collection of evidence (access required)

4tth Circuit Seal FEA

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 ...

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4th Cir.: EPA’s water oversight not yet triggered by state inaction (access required)

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 ...

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4th Cir.: Tip from identifiable source supported seizure (access required)

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 ...

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