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Tag Archives: Judge Stephanie Dawn Thacker

Suspicionless stop of defendant not excused by exigent circumstances

A majority of the en banc court refused to allow the suspicionless stop of the defendant following a report of “shots fired.” The stop was not justified by exigent circumstances and thus was not reasonable under the Fourth Amendment. Background ...

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Attempted assault qualified as ‘crime of violence’

The defendant’s previous conviction for attempted assault under New York law constituted a “crime of violence” under the Sentencing Guidelines because the elements of New York attempt categorically match generic attempt and the statute requires specific intent and violent force. ...

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Board erred in awarding permit for Union Hill compressor station

Where the Virginia Air Pollution Control Board failed to provide a rational explanation as to why it awarded a construction permit for a compressor station in the historic community of Union Hill, reasons offered during litigation were insufficient as a matter ...

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No qualified immunity for actions leading to false convictions

Where state and county law enforcement officers allegedly coerced a false confession out of two teenage boys with severe intellectual disabilities, the officers are not entitled to qualified immunity because they violated teenagers’ clearly established constitutional rights. Background This case ...

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Nursing home fined for failing to facilitate dental surgery

A nursing home violated the quality of care regulation governing Medicaid providers when it failed to provide a medical clearance for approximately eight months so that one of its residents could undergo a necessary tooth extraction surgery. Background The West ...

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Debt may be dischargeable under collateral estoppel

A debtor might be able to discharge a $20 million plus judgment through a Chapter 7 bankruptcy. The district court found the debt nondischargeable under principles of collateral estoppel, reasoning that, because the debtor was found liable for misappropriating trade ...

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