Please ensure Javascript is enabled for purposes of website accessibility

Tag Archives: Judge Julius N. Richardson

Alexandria Fire Department prevails on race bias claim (access required)

Where a firefighter with the Alexandria Fire Department alleged he was passed over for a one-year paramedic internship because of his race, but the evidence showed the placement of interns was nondiscriminatory, judgment was awarded to the fire department. Background ...

Read More »

Unreasonable restraint: Political ad ban doesn’t pass constitutional muster (access required)

Bus with no advertisements on the side

A public transit system had a legitimate interest in avoiding some politically charged advertisements, but its lack of a formal definition of “political” or written guidelines clarifying how its prohibition on political ads was to be applied doomed its policy ...

Read More »

Richmond Transit’s advertising policy struck down (access required)

Where the Richmond Transit Authority had a legitimate interest in avoiding some class of politically charged advertisements, but had no formal definition of “political” and no written guidelines clarifying how the ban on all political ads was to be applied, ...

Read More »

Sentencing error harmless, enhancement supported (access required)

Where the district court erred by imposing an enhanced statutory maximum that was neither charged nor submitted to the jury, because the statutory sentencing enhancement was supported by overwhelming evidence and was uncontroverted, the error was harmless. Background Former federal ...

Read More »

Fourth Circuit rebuffs challenge to lifelong sex offender registration (access required)

The 4th U.S. Circuit Court of Appeals has rejected a constitutional challenge to Virginia’s lifelong sex offender registration requirement for certain offenses. The petitioner had been convicted at age 18 based on conduct with a 14-year-old girl. He argued that ...

Read More »

Jury to decide if qualified immunity applied to shooting (access required)

Where there were disputed facts over whether a decedent’s conduct provided justification for a state trooper to fire fatal shots, including the fact that the officer claimed the man turned toward him while raising his hands but the decedent was ...

Read More »

BIA’s interpretation of ambiguous phrase given deference (access required)

Where the term “relating to obstruction of justice” is ambiguous about whether an ongoing or a reasonably foreseeable proceeding must be obstructed, the court deferred to the reasonable interpretation of the Board of Immigration Appeals, or BIA. Background Jean Francois ...

Read More »

Federal employees can’t sue for disparate impact under ADEA (access required)

The text, structure and legal landscape in which the Age Discrimination in Employment Act, or ADEA, was passed do not support a finding that the statute’s federal-sector provision encompasses disparate-impact liability. Background Dr. Jane DiCocco brought Title VII and Age ...

Read More »