In Dean v. Jones, the Fourth Circuit held that the district court misapplied the summary judgment standard and agreed with the appellant that the record would support a jury finding that correctional officers, of Central Prison in Raleigh, violated the Eighth Amendment by using force in retaliation for the appellant’s […]
In Probst v. Saul, the Fourth Circuit affirmed a lower court decision allowing appellants to raise an Appointments Clause challenge even though they did not raise the issue before the Social Security Administration (SSA).
In United States v. Brinkley, the The Fourth Circuit held that officers, armed with an arrest warrant, lacked probable cause to enter an apartment where they had reason to believe the defendant resided. In its decision, the court noted that the courts of appeal split on the quantum of proof […]
In Adams v. American Optical Corp. the Fourth Circuit held that Virginia’s two-year statute of limitations on personal injury claims barred the plaintiff-appellant’s (Adams) allegations regarding his diagnosis of coal workers’ pneumoconiosis (CWP), also known as black lung. Under Virginia law, the statute of limitations begins to run when the […]
In Sicaran v. Barr, the Fourth Circuit held that it lacked jurisdiction to consider the petitioner’s arguments that she belonged to certain social groups, to gain asylum, under the Immigration and Nationality Act (INA). The petitioner failed to raise those arguments before the Immigration Judge or the Board of Immigration […]
In Wise v. Circosta, the Fourth Circuit held that it was improper to grant an injunction to extend the deadline of absentee ballots for the general election in North Carolina, stating that where there is a close issue of state law, the federal court should abstain from federal intervention into […]