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Tag Archives: Judge James A. Wynn Jr.

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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4th Cir.: Medicaid payment-adjustment policy invalid (access required)

A U.S. Department of Health & Human Services policy for “payment adjustment” calculations by hospitals serving disproportionately needy populations is legislative in nature and should have been promulgated through notice-and-comment rulemaking. Thus, the policy cannot be enforced against a Virginia ...

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4th Cir.: Court costs not a “penalty” that supports removal (access required)

An immigrant was not rendered ineligible for cancellation of removal based solely on $100 in court costs that he paid after pleading guilty to a misdemeanor. Such costs, which are not discretionary and sometimes are imposed by the court clerk, ...

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4th Cir.: Fired officers’ due process claims can proceed (access required)

Under clearly established law, publication of public safety officers’ allegedly defamatory termination letters to the media before holding a name-clearing hearing supported the officers’ claims of due process violations. Background During the summer of 2014, Officers with the Bald Head ...

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