Where the defendant filed his appeal 283 days after the entry of judgment, the district court’s failure to advise him of his right to appeal at his sentencing did not prevent his appeal from being dismissed as untimely. Background Kirk ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Pamela A. Harris

Where a suit against an employer was originally filed in the name of a man who died two days before his claims were filed, there was no Article III standing and the error could not be cured through substitution of ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Pamela A. Harris

Where the fraternal order of Freemasons sued a splinter group that started their own chapter for unlawfully holding itself out as an extension of the original organization, the fraud, tortious interference and intellectual property claims were properly dismissed. Background This ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Pamela A. Harris Tort

Where noncitizens are awaiting the outcome of proceedings on their petitions to withhold removal based on a fear of persecution or torture in other countries, they are entitled to bond hearings that could lead to their release during those proceedings. ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Pamela A. Harris

A district court that found a police officer entitled to qualified immunity erred by failing to construe evidence in the light most favorable to the plaintiff, who was shot by the officer. A majority of the court held the facts ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Pamela A. Harris

The court held that a jury should determine if tasing of the defendant constituted excessive force. The court additionally held the plaintiff established good cause to extend the deadline to serve one defendant and that he was entitled to use-of-force ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Pamela A. Harris

The expiration of the defendant’s period of supervised release did not mean the district court lacked jurisdiction to sentence him for violating an element of that release because the supervised release term was tolled during the period when the defendant ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Pamela A. Harris

Where the state reduced certain services available to plaintiffs under its Medicaid waiver program, the plaintiffs could not sue the federal government for its failure to provide proper oversight of the state’s Medicaid program. Background Richard Stogsdill and Robert Levin ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge Pamela A. Harris

Where a contraceptive device, regulated by the Food and Drug Administration, failed to work as intended, forcing the plaintiff to undergo a total hysterectomy to have it removed, the manufacturer of the device could not remove the action to federal ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge Pamela A. Harris

Defendant’s counsel did not render ineffective assistance by failing to argue that defendant’s conviction for attempted abduction did not constitute a crime of violence for purposes of applying the career offender sentencing enhancement because the existing case law at the ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Pamela A. Harris