Plaintiffs could not bring a claim for damages against ICE agents who allegedly violated their Fourth and Fifth Amendment rights because recognizing a Bivens remedy in this context was unwarranted given Congress’s refusal to provide such a remedy in any ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Paul V. Niemeyer

Immigrants who were properly arrested and detained by Immigration and Customs Enforcement in the state where they lived with their families were not deprived of their constitutional rights when they were transferred to another state without notice or a hearing ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Paul V. Niemeyer

A county board of elections that was tasked with enforcing a law enacted by the state was required to pay the attorneys’ fees of the plaintiffs who prevailed in an action to enjoin the enforcement of the law on the ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Paul V. Niemeyer

A district court did not err in admitting a police officer’s photographs of a drug transaction, or a call between defendant and an informant, because the evidence was properly authenticated and sufficiently reliable. Although the jury refused to convict of ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Paul V. Niemeyer

A dispute between a commercial tenant and landlord is headed to round three, this time because the district court erred in denying damages to the landlord. The commercial tenant is responsible for damages resulting from its early termination of the ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge Paul V. Niemeyer

Even if the district court erred in concluding the defendant’s prior assault conviction was a crime of violence under the current version of the sentencing guidelines, that error was harmless in light of its stated conclusion it would have imposed ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Paul V. Niemeyer

The failure of a nurse practitioner to produce thousands of email messages in her suits against a hospital, and her submission, after a day-long deposition, of a 54-page declaration that rendered her deposition useless, supported the district court’s decision to ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Paul V. Niemeyer Sanctions

A woman who alleged male employees circulated a rumor that she had a sexual relationship with a higher-ranking manager in order to obtain her position adequately stated a claim for discrimination and a hostile work environment, given the historical stereotypes ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Discrimination Judge Paul V. Niemeyer

Body camera footage showed officers had consent to enter the man’s residence and he was not in custody when questioned; therefore, the dismissal of a motion to suppress is upheld. Background After Ismael Azua-Rinconada was indicted for illegally entering the ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Paul V. Niemeyer

Federal courts have the power to hear a motion to vacate or modify an arbitration award in any dispute where they would have the power to hear a motion to compel arbitration, the 4th U.S. Circuit Court of Appeals has ...

Tagged with: 4th U.S. Circuit Court of Appeals News Judge Paul V. Niemeyer