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Tag Archives: Judge William B. Traxler Jr.

Defendant who took weapons to Haiti didn’t violate statute (access required)

Where the defendant was convicted of taking weapons to Haiti in an attempt to help the government quell gang violence, his conviction under 18 U.S.C. § 922(a)(5) was vacated because the statute requires a defendant to transfer the firearm to ...

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‘Bivens’ not extended to  retaliation claim (access required)

Where other remedies are available to an inmate claiming prison officials violated his First Amendment rights by retaliating against him for filing grievances, allowing a Bivens remedy could lead to an intolerable level of judicial intrusion into an issue best ...

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Police reasonably ordered mental health evaluation (access required)

Where the police had a reasonable belief that the plaintiff posed a danger to herself and others, they were entitled to qualified immunity against claims arising from her detention for a mental health evaluation. Background Kerrin Barrett brought this action ...

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Hotel operator lacks sufficient contacts with South Carolina (access required)

Although Marriott franchises, licenses or manages 90 hotels in South Carolina, the injury did not arise out of those contacts so there was no specific jurisdiction, even considering Marriott’s interactive website. Background Bud Fidrych and his wife, both South Carolina ...

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Fired detective’s federal job discrimination claim survives (access required)

Even though he appealed his termination from a state grievance process, a fired Virginia State Police special agent did not lose his right to sue in federal court for discrimination under federal law, a federal appeals court has ruled. The ...

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