“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

Although AutoZone remained liable for compensatory damages awarded to a former employee because of sexual harassment by a co-worker, the punitive damages award was vacated because there was insufficient evidence his managers engaged in intentionally discriminatory practices themselves with malice ...

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

First, any Sentencing Guidelines error deemed retroactive must be corrected in a First Step Act resentencing. Second, the factors in 18 U.S.C. § 3553(a) apply to resentencing. Third, the resentencing court has discretion to vary from the Guidelines and may ...

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

Where a state sex offender required to register under the Sex Offender Registration and Notification Act, or SORNA, relocates to another state without registration, venue can be based in the departing district because an essential element of the statute – ...

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

Where the statute imposed liability on a defendant convicted for assaulting a postal employee with intent to rob and placing their life in jeopardy by use of a dangerous weapon, that was categorically a crime of violence under the force ...

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

In a case of first impression, the term “another person” in the federal aggravated identity theft statute was held to include deceased victims of identity theft, based on the plain language of the statute, its context and legislative history. Background ...

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

In a case of first impression, where a defendant’s motion to represent himself in his criminal trial for child pornography was denied, the collateral order doctrine does not provide means for immediate appellate review and there is no subject-matter jurisdiction. ...

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

Where a juror consulted with her pastor during a murder trial 20 years ago about whether she could vote to impose the death penalty without running afoul of her religious beliefs, and then communicated the pastor’s assurances to other jurors, ...

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

Where the district court concluded there were factual disputes whether a U.S. government contractor, CACI, sued for its alleged role in torture of Iraqis at Abu Ghraib violated the law or its contract, CACI could not seek immediate appellate review ...

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