A federal court declared a town’s ban on livestreaming certain interactions may not survive First Amendment scrutiny, and that a plaintiff who was barred from livestreaming an interaction due to the policy “plausibly alleged” a constitutional violation. “Defendants have thus ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Julius N. Richardson

Where a passenger in a vehicle plausibly alleged that the Town of Winterville had a policy that prevents a passenger from livestreaming their traffic stop, and such a policy violated the passenger’s First Amendment rights, his suit against the town ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Julius N. Richardson

Where a man argued that his incriminating statements should be suppressed because he was not free to leave while being interrogated by police at a public park, but the environment did not present the same inherently coercive pressures as the ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Julius N. Richardson

A public health restriction that prevented non-resident property owners from entering a county during the early days of the COVID-19 pandemic wasn’t a governmental taking, according to a ruling from the 4th U.S. Circuit Court of Appeals. A Virginia couple ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Julius N. Richardson

Where owners of an Outer Banks beach house argued that Dare County took their property without compensation when it banned non-resident property owners from entering the county during the early days of the COVID-19 pandemic, their suit was dismissed. Although ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge Julius N. Richardson

Where a woman’s putative class-action suit alleged the West Virginia Parkways Authority unjustly enriched itself by collecting administrative and notice toll fees in violation of West Virginia law, but the Class Action Fairness Act limits jurisdiction where a governmental entity ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge Julius N. Richardson

Where a website that provides third parties with information about individuals was sued for violating the Fair Credit Reporting Act, or FCRA, the Communications Decency Act did not immunize it from liability. Two of the counts did not seek to ...

Tagged with: 4th U.S. Circuit Court of Appeals Consumer Protection Judge Julius N. Richardson

Where the district court held an employee lacked standing because she alleged no injury, that was wrong. The employee alleged she was injured by a loss of employment and the resulting loss of wages and other benefits from an allegedly ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Julius N. Richardson

Where a disabled prisoner alleged a nurse practitioner was deliberately indifferent when she denied his request for a handicap pass required to access a library, but he alleged no facts showing the nurse knew that he likely could not meaningfully ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Julius N. Richardson

Where a man convicted of receiving and possessing child pornography was barred from accessing the internet, that was improper. A complete internet ban is almost always excessive for “non-contact child pornography activity, or similar conduct” where there was no actual ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Julius N. Richardson