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Tag Archives: Judge Paul V. Niemeyer

Applicant granted remand not entitled to attorneys’ fees (access required)

Where a district court directed the U.S. Citizenship and Immigration Services, or USCIS, to adjudicate the plaintiff’s naturalization application within 45 days and retained jurisdiction to hear the case if the agency failed to comply, the plaintiff did not qualify ...

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Government’s discovery failures at coal mine trial excused (access required)

Where the government failed to produce documents in the trial of the Massey Energy CEO who, after a coal mine explosion, was convicted of conspiracy to willfully violate mandatory federal mine safety and health standards, his conviction was upheld because ...

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Student claims school officials failed to stop harassment, abuse (access required)

Although the defendants argued a student’s use of a Jane Doe pseudonym without court permission was a jurisdictional defect, that argument failed because her complaint alleging she was harmed by the school’s failure to end the sexual harassment and abuse ...

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Pre-publication rule doesn’t violate First Amendment (access required)

Where former employees of national security agencies voluntarily signed agreements giving the agencies prepublication review of certain materials they intend to publish, they knowingly waived their First Amendment rights to challenge the requirement that they submit materials for review. Moreover, ...

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Sex offender denied visits with minor daughter (access required)

Where the convicted sex-offender failed to show a regulation prohibiting sex offenders from having in-person visits with minors unless they received an exception lacked “a rational relation to legitimate penological interests,” his First Amendment right to association claim was dismissed. ...

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Fair trial not affected by use of hearing-impaired juror (access required)

Where the trial judge overseeing the defendant’s trial for first-degree murder and armed robbery was aware of a juror’s hearing impairment, and took steps to address it, including repeatedly questioning the juror and confirming with counsel that they could proceed, ...

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