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Tag Archives: Judge William B. Traxler Jr.

‘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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Prior domestic violations lead to enhanced sentence (access required)

The district court did not err in sentencing the defendant to a longer term because of three prior convictions for criminal domestic violence, because those convictions categorically qualified as a “violent felony” under the Armed Career Criminal Act, or ACCA. ...

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Supervised release revoked for admission of meth distribution (access required)

Where a defendant who was being held at a county jail admitted to distributing methamphetamine during questioning by his parole officer, it did not violate the Fifth Amendment to use that admission to prove that the defendant violated his supervised ...

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