Borzilleri v. Mosby (VLW No. 017-2-184, 13 pp.) (Wilkinson, J.) No. 16-1751; Oct. 17, 2017; USDC at Baltimore, Md. (Motz, S.J.) 4th Cir. Holding: Since assistant state’s attorneys implement the policies of their elected bosses, the newly elected defendant-state’s attorney ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Judge J. Harvie Wilkinson III

A divided 4th Circuit upholds a decision declaring unconstitutional North Carolina county commissioners’ delivery of pointedly sectarian invocations, composed by individual commissioners, prior to commission meetings; the lawmakers’ prayer practices violate the First Amendment, the court says on rehearing en ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge J. Harvie Wilkinson III

Plaintiffs, including same-sex couples who are either engaged or married, cannot rely on taxpayer standing to challenge North Carolina Senate Bill 2, which grants state magistrates a religious exemption from performing marriages of same-sex couples; the 4th Circuit affirms dismissal ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge J. Harvie Wilkinson III

A district court did not err in dismissing a landowner’s suit challenging a county’s comprehensive plan to extend sewer service, including a grandfather/merger provision designed to limit overdevelopment; finding a regulatory taking or constitutional violation in this situation would invalidate ...

Tagged with: Judge J. Harvie Wilkinson III U.S. District Court - Eastern District Zoning

A police officer and a prosecutor who failed to revoke arrest warrants after learning that no crime was committed – leading to the arrests of an Alexandria couple – are immune from civil rights claims, a federal appeals court has ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Costco Fadwa Safar Jan Eshow Judge Albert Diaz Judge Henry F. Floyd Judge J. Harvie Wilkinson III Judge T.S. Ellis III Stephanie Rodriguez

A Virginia prosecutor and a police officer have immunity in this suit alleging they failed to withdraw an invalid arrest warrant for theft, which led to the jailing of a breast-feeding mother for three days over a holiday weekend; the ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge J. Harvie Wilkinson III

The 4th Circuit affirms defendant’s conviction of healthcare fraud resulting in death in violation of 18 U.S.C. § 1347, based on defendant’s direction of unqualified radiologic technicians – whose work was billed at the Medicare rate for licensed physicians’ work ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge J. Harvie Wilkinson III

The 4th Circuit upholds defendant’s conviction for carjacking based on his participation, with two companions, in taking car keys at gunpoint from a woman who was in active labor, and driving away, after attempting to force her to unlock her ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge J. Harvie Wilkinson III

A taxpayer who contested his tax liability in a preassessment hearing before the IRS’s Office of Appeals is barred from raising the same issue before the same administrative unit in a Collection Due Process hearing under IRC Section 6330; the ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge J. Harvie Wilkinson III Taxation

A chapter 7 debtor who had two degrees in finance and a professional career as a financial advisor should have known that his lowball valuation of a minority interest in a real estate investment company at just 4 percent of ...

Tagged with: 4th U.S. Circuit Court of Appeals Bankruptcy Judge J. Harvie Wilkinson III