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Tag Archives: Judge James A. Wynn Jr.

Waiting period for suits by fed workers starts with complaint (access required)

4tth Circuit Seal FEA

The 180-day waiting period for federal employees to file a discrimination lawsuit begins upon filing an initial complaint; not after each subsequent amendment, the 4th U.S. Circuit Court of Appeals has ruled. In a matter of first impression, the court ...

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Ban of constituent from Facebook page violated First Amendment (access required)

Although neither the U.S. Supreme Court nor any Circuit has addressed whether a governmental social media page constitutes a public forum, the court found aspects of the Loudoun County Board chair’s Facebook page bear the hallmarks of a public forum. ...

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Cop’s 20-year sentence for shooting unarmed man stands (access required)

In reviewing a former police officer’s appeal of his sentence for willfully shooting an unarmed man, the appellate panel found the district court did not err in concluding that second-degree murder was the appropriate cross-reference, as each of defendant’s four ...

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State can’t waive procedures for pipeline permit (access required)

The Army Corps of Engineers lacked the authority to alter a special condition imposed by West Virginia regarding the construction and operation of a natural gas pipeline.  And because West Virginia did not follow the mandated notice-and-comment procedures in waiving ...

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Requiring proof of residency may be Fair Housing violation (access required)

4tth Circuit Seal FEA

A mobile home park may have violated the Fair Housing Act by requiring residents to provide proof of their legal residency in the United States, the 4th U.S. Circuit Court of Appeals has ruled. Four Latino families allege that the ...

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Maryland judge can’t be sued for ordering defendant shocked (access required)

4tth Circuit Seal FEA

Citing “judicial immunity,” the 4th U.S. Circuit Court of Appeals has upheld the dismissal of a multimillion-dollar civil rights lawsuit against a Maryland circuit court judge who ordered a deputy sheriff to use electrical shock to quiet a criminal defendant. ...

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4th Cir.: District court couldn’t hear pipeline challengers’ suit (access required)

Congress stripped district courts’ jurisdiction to hear the claims of landowners challenging provisions of the Natural Gas Act, under which Mountain Valley Pipeline obtained administrative approval to begin construction. The district court properly dismissed their suit. Background The Plaintiffs are ...

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4th Cir.: Each wrongly fired officer was a distinct insurance claim (access required)

The district court erred in finding that three police officers, fired in retaliation for their joint action, represented a single claim for municipal insurance purposes. Thus, the per-claim policy limit applied to each officer individually, rather than the trio as ...

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