Where a North Carolina statute burdened the newsgathering and publishing activities of People for the Ethical Treatment of Animals, or PETA, and the statute did not satisfy intermediate or strict scrutiny, North Carolina was enjoined from applying the statute to ...

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

Where a woman alleged she was not hired because of her age, but the hiring committee ranked three other candidates above her, including one who was older, and the winning candidate was selected because of his job experience, communication, executive ...

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

Where the record showed a former Amtrak train conductor was terminated because of his insubordination, including repeatedly refusing the orders of the supervising trainmaster, Amtrak prevails on his race discrimination claims. Background Duncan E. Giles, a former Amtrak train conductor, ...

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

Where the petitioner was deported in 2006 because he allegedly committed an aggravated felony, but the Supreme Court held in 2018 that the type of offense he committed no longer qualified as an aggravated felony, and the petitioner moved to ...

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

Where a detainee alleged that prison officials violated his due process and First Amendment rights during a defective disciplinary process, the district court erred by granting summary judgment to the officials before any discovery occurred. Much of the evidence the ...

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

Where renters alleged that property management companies violated the North Carolina Residential Rental Agreements Act, or RRAA, by charging them out-of-pocket costs for summary ejectment proceedings, but the General Assembly then amended the statute to allow these charges, and made ...

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

Where the petitioner was deported in 2006 because he allegedly committed an aggravated felony, but the Supreme Court held in 2018 that the type of offense he committed no longer qualified as an aggravated felony, and the petitioner moved to ...

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

Where members of a West Baltimore gang challenged their convictions on numerous grounds, including that the Racketeer Influenced and Corrupt Organizations Act, or RICO, statute was void for vagueness, that their Sixth Amendment rights were violated or that there was ...

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

Where officers partially corroborated an anonymous tip of suspected drug activity, and one of the officers then concluded that a glass stem pipe in plain view was contraband, the district court did not err in upholding the warrantless search of ...

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

Where the district court abstained from a suit challenged West Virginia’s administration of child welfare services because it believed it would interfere with state-court proceedings, that was error. The principles of federalism are not served by abstention and, if plaintiffs ...

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