Where an immigration judge, or IJ, found that the threat of torture from MS-13, police and vigilante groups in El Salvador was less than 50%, both separately and in the aggregate, an applicant’s bid for protection under the Convention Against ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge William B. Traxler Jr.

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge William B. Traxler Jr.

Where a doctor was aware of an incarcerated man’s medical needs, took steps to increase the patient’s blood sugar level monitoring and explained that he chose not to prescribe insulin because he was afraid of an overdose, he was granted ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge William B. Traxler Jr.

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Judge William B. Traxler Jr.

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge William B. Traxler Jr.

Where a search warrant issued in the course of a murder investigation specifically identified the computer to be searched, the items to be seized and the reasons for the search and seizure, the motion to suppress child pornography found on ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge Henry F. Floyd Judge William B. Traxler Jr.

Where the defendant told the police a backpack “was actually not his,” he lost any expectation of privacy and the subsequent search therefore did not violate his Fourth Amendment rights. In any event, the search of the backpack was a ...

Tagged with: 4th U.S. Circuit Court of Appeals Criminal Judge William B. Traxler Jr.

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge William B. Traxler Jr. Negligence

The administrative law judge’s conclusion a woman with physical and mental limitations could work as a sales attendant and order clerk was supported by her medical and psychological records. Background In 2013, Margaret Shinaberry applied for social security disability benefits. ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Judge William B. Traxler Jr.

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals News Employment Judge William B. Traxler Jr.