Where the record showed a deaf inmate could not communicate in writing because of his lack of English proficiency, that point-to-point videophone calls would not have a “ripple effect” on fellow inmates or prison staff, and that the prison could ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Henry F. Floyd

Where an immigration attorney raised multiple challenges to her conviction for refusing to comply with directions from an immigration judge and a courtroom bailiff to cease distracting conduct during an immigration proceeding, the record demonstrated her conduct was sufficiently disruptive. ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Henry F. Floyd

Where the record showed that a coal miner developed black lung disease more than two years before he filed suit, even though the disease was not identified until later, the suit was barred by Virginia’s two-year statute of limitations. Background ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Henry F. Floyd Products Liability

A majority of the judges concurred in denying an en banc rehearing of a decision finding the school board violated Title IX and the Equal Protection Clause by requiring students to use bathrooms matching their “biological gender” and refusing to ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Henry F. Floyd

The Gloucester County School Board’s policy requiring students to use bathrooms matching their “biological gender,” and its refusal to amend a student’s records to reflect his gender identity after his transition, were not substantially related to important governmental interests and ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Henry F. Floyd

Where an FBI attaché interviewed the defendant about his association with the Islamic State of Iraq without providing him Miranda warnings, and a different team of FBI agents interviewed him 10 days later after giving Miranda warnings, there was no ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Allison Jones Rushing Judge Henry F. Floyd

Where a search warrant issued in the course of a murder investigation specifically identified the computer to be searched, the items to be seized and the reasons for the search and seizure, the motion to suppress child pornography found on ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Henry F. Floyd Judge William B. Traxler Jr.

Charges against a Virginia man who was subjected to a warrantless search and seizure will be dropped after a full panel of the 4th U.S. Circuit Court of Appeals ruled that the search violated in the Fourth Amendment in a ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Henry F. Floyd Judge J. Harvie Wilkinson III Judge Julius N. Richardson Search and seizure

“This has to stop.” With just four words, the 4th U.S. Circuit Court of Appeals has laid down a marker. The court was reviewing the case of a black homeless man in West Virginia who was stopped by a police ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Henry F. Floyd Police

A reasonable jury could find a black homeless man who had been stopped for walking alongside, instead of on, the sidewalk, and who was shot 22 times by West Virginia police officers had been secured, or at a minimum was ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Henry F. Floyd