24Feb

Fourth Circuit Denies Federal Jurisdiction Under Tax Injunction Act Despite Artful Pleading

By Sophia Blair On January 24, 2017, the Fourth Circuit published Gwozdz v. Healthport Tech., LLC, a civil case. Lawrence Gwozdz (“Gwozdz”) requested his wife’s medical records from several Maryland Hospitals. Before releasing those documents to him, the hospitals, through their contractor Healthport Technologies, LLC (“Healthport”), sent him invoices demanding $23 in sales tax. Though he […]

Tags: federal jurisdiction Maryland remand Tax Injunction Act TIA

23Feb

Fourth Circuit Remands Deaf Prisoner’s Claims that Prison Failed to Accommodate

Categories: 4th Cir. Blog Criminal Cases

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By Mike Stephens On Thursday, February 23, 2017, the Fourth Circuit issued a published opinion in Heyer v. U.S. Bureau of Prisons. Appellant, Thomas Heyer, brought several claims against the United States Bureau of Prisons (BOP) for failing to accommodate his deafness. After reviewing the district court’s grant of summary judgment in favor of BOP, the Fourth […]

Tags: civil custody Fifth Amendment First Amendment Summary Judgment Turner v. Safley

23Feb

Fourth Circuit Upholds Traffic Stop as Constitutional Under the Fourth Amendment

Categories: 4th Cir. Blog Criminal Cases

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By Kelsey Mellan On February 23, 2017, the Fourth Circuit issued a published opinion in United States v. Hill, a criminal appeal on behalf of two defendants. Defendant-Appellants Darren Hill (“Hill”) and Lloyd Dodwell (“Dodwell”) appealed the Western District of North Carolina’s denial of their motion to suppress evidence pertaining to an allegedly unconstitutional […]

Tags: Constitutional Law Criminal Law Fourth Amendment search and seizure

20Feb

Fourth Circuit Affirms Sentencing Enhancements for “Relevant Conduct”

Categories: 4th Cir. Blog Criminal Cases

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By John Van Swearingen On January 24, 2017, the Fourth Circuit issued a published opinion in the criminal case United States v. Agyekum. In the United States District Court for the Southern District of West Virginia, Kofi Agyekum (“Appellant”) plead guilty to two counts of structuring transactions, forfeiting over $2,300,000 in cash assets. Appellant challenged […]

Tags: Asset Forfeiture Conspiracy Enhancements Fourth Circuit Oxycodone Pharmacy Plea agreement Public Trust relevant conduct Sentencing Waiver of Rights West Virginia

16Feb

Fourth Circuit: Government Did Not Breach Plea Agreement

Categories: 4th Cir. Blog Criminal Cases

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By Mickey Herman On Thursday, January 11, 2017, the Fourth Circuit issued a published opinion in United States v. Tate, a criminal case. Defendant-appellant, Brandon Tate, appealed his sentence, arguing that the government failed to comply with the plea agreement. After reviewing Tate’s claim for plain error, the Fourth Circuit affirmed the district court’s sentencing […]

Tags: Criminal sentence unaltered Plea agreement Sentencing Guidelines

16Feb

Fourth Circuit Reaffirms Principle That A Police Chief With Reasonable Belief That Detectives Are Acting Within Scope of Employment Is Entitled To Qualified Immunity from First Amendment Retaliation Claims

Categories: 4th Cir. Blog Civil Cases

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By M. Allie Clayton On February 15, 2017, in the civil case of Crouse v. Town of Moncks Corner, the Fourth Circuit held that the police chief in Moncks Corner had qualified immunity against a claim by two police officers that they had been fired in retaliation for the exercise of their First Amendment rights. […]

Tags: Civil Litigation Civil Rights First Amendment Free Speech Qualified Immunity Retaliation

15Feb

Guest post: Abilt v. CIA: The Secret Case of the Sleepy Spy

Categories: 4th Cir. Blog Civil Cases

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On February 8, 2017, the Fourth Circuit issued a published opinion in the civil case, Abilt v. CIA. The following is a guest post by Tommy Tobin.[*] Abilt v. CIA Employment discrimination law protects individuals from discrimination at work based on their disabilities. But what about covert CIA employees: could they use the court system to allege […]

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14Feb

Fourth Circuit Adopts “Absolute Veto Power” of AG for False Claims Settlements

Categories: 4th Cir. Blog Civil Cases

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By Kelsey Hyde Today, in the civil case of United States ex rel. Michaels v. Agape Senior Community, Inc., the Fourth Circuit published an opinion affirming the district court’s decision on the Attorney General’s unreviewable veto power under 31 U.S.C. § 3730, and dismissing the appeal of an evidentiary issue. In affirming the lower court’s ruling, […]

Tags: Attorney General False Claims Act Fraud Interlocutory Appeal intervention medical care Veto Power

13Feb

Fourth Circuit Reverses and Remands Denial of Social Security Benefits

Categories: 4th Cir. Blog Civil Cases

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By: Kristina Wilson On Thursday, January 19, 2017, the Fourth Circuit issued a published opinion in the civil case Patterson v. Commissioner of Social Security Administration. The Fourth Circuit reversed and remanded the Administrative Law Judge’s (“ALJ”) denial of the plaintiff’s disability benefits due to his failure to evaluate the plaintiff’s alleged mental impairment according […]

Tags: Administrative Law Social Security benefits Social Security Disability Benefits

10Feb

Fourth Circuit Applies Plain Meaning to Bankruptcy Statute

Categories: 4th Cir. Blog Civil Cases

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By Sophia Blair On January 5, 2017, the Fourth Circuit published an amended opinion for the civil case, Lynch v. Jackson, originally decided on January 4, 2017. Bankruptcy Court Decision and Appeal to the Fourth Circuit Gabriel and Monte Jackson (“Jackson”) filed a petition for Chapter 7 bankruptcy relief. Marjorie Lynch (“Lynch”), a Bankruptcy Administrator, moved to […]

Tags: Bankruptcy bankruptcy court motion to dismiss Plain meaning statutory interpretation

9Feb

Fourth Circuit Upholds Criminal Sentence for “Threatening Communication” Charge

Categories: 4th Cir. Blog Criminal Cases

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By Kelsey Mellan On February 9, 2017, the Fourth Circuit issued a published opinion in United States v. Spencer, a criminal appeal of an allegedly unreasonable sentence stemming from a “threatening communication” charge. Todd Spencer (“Spencer”) pleaded guilty to sending threatening communication to a federal employee in violation of 18 U.S.C. § 876(c). He was […]

Tags: Criminal Law Criminal Procedure Enhanced sentencing Sentencing Guidelines

6Feb

Fourth Circuit Affirms Dismissal of Data Breach Lawsuit for Lack of Subject-Matter Jurisdiction

Categories: 4th Cir. Blog Civil Cases

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By John Van Swearingen On February 6, 2017, the Fourth Circuit issued a published opinion in the civil case Beck v. McDonald. The plaintiffs appealed the dismissal of their case for lack of subject-matter jurisdiction. In the United States District Court for the District of South Carolina, the plaintiffs brought suit under common-law negligence, the […]

Tags: Administrative Procedure Act Article III Clapper Data Breach Identity Theft Lyons Negligence Privacy Act Standing Subject Matter Jurisdiction

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