North Carolina Lawyers Weekly

Lisenby v. Lear A federal district court could not remand to state court a prisoner’s pro se filing based in part of plaintiff’s status as a “three-strikes” prisoner due to his frequent legal filings, and the 4th Circuit reverses the remand order and reinstates plaintiff’s complaint for further proceedings.

Tagged with: Civil Rights Prisons & Jails

Seremeth v. Board of County Commissioners Frederick County, Md. Police responded reasonably to a domestic call involving a family whose members were deaf by handcuffing the father behind his back, which impeded his ability to write notes or sign, and by calling in an American Sign Language trainee, and the county is entitled to summary judgment on the father’s claim that police violated his rights under the Americans with Disabilities Act.

Tagged with: ADA Civil Rights

Lefemine, d/b/a Columbia Christians for Life v. Wideman The 4th Circuit upholds a judgment that a local sheriff’s department violated a pro-life group’s First Amendment rights when officers asked group members not to display “large, graphic signs” with aborted fetuses as part of a roadside demonstration, but the appellate court also upholds qualified immunity for defendants.

Tagged with: Civil Rights Constitutional First Amendment Free Speech Qualified Immunity

Halpern v. Wake Forest University Health Sciences A medical student with ADHD and anxiety disorder can’t sue Wake Forest medical school for disability discrimination after his dismissal due to a pattern of unprofessional conduct with staff; with or without “reasonable accommodation,” the student is unqualified for the medical program, the 4th Circuit says.

Tagged with: Civil Rights

McBurney v. Young Non-Virginia citizens who were denied access under the Virginia Freedom of Information Act to certain public records from Virginia state agencies, including information related to a child support matter and county real estate assessments, lose their suit alleging the Virginia Freedom of Information violated the Privileges & Immunities Clause of the U.S. Constitution Clause, in this 4th Circuit d

Tagged with: Civil Rights Constitutional

Bullock v. Napolitano The 4th Circuit upholds dismissal of this Title VII race discrimination suit filed by an African-American who was dismissed from the federal air marshal training program; the U.S. did not consent to be sued in North Carolina state court and removal of the suit to federal court, under the doctrine of derivative jurisdiction, did not cure that jurisdictional defect.

Tagged with: Federal Jurisdiction Race Discrimination Claim Removal

Lebron v. Rumsfeld Convicted terrorist Jose Padilla, a U.S. citizen, and his mother, may not sue for legal and equitable relief based on Padilla’s prior military detention as an “enemy combatant”; the 4th Circuit upholds the district court decision refusing plaintiffs’ request for a declaration that defendant government officials’ policies were unconstitutional, an order enjoining Padilla’s future designation as an enemy combatant and nominal damages of one dollar from each defendant.

Tagged with: Civil Rights Constitutional

Fordham v. Greenville Police Officer Doe Where plaintiff refused to comply with an officer’s instructions to get on the ground, the defendant police officer did not violate a clearly established constitutional right when he tasered plaintiff once. Defendants’ motion to dismiss is granted. Greenville police executed a search warrant of plaintiff’s home. Plaintiff’s friend, Monte Corey, answered the door. When he saw the police, Corey tried to keep the police out.

Tagged with: Civil Rights Excessive Force Immunity Taser

Kennedy v. St. Joseph’s Ministries Inc. A Catholic nursing-care facility is an exempt religious organization under Title VII. It cannot be sued by a geriatric nursing assistant who alleged religious harassment after she refused to abandon her Church of the Brethren dress code that called for long skirts and hair covering.

Tagged with: Civil Rights discrimination Labor & Employment

Commonwealth v. Sebelius The Commonwealth of Virginia does not have standing to challenge the “individual mandate” to maintain health insurance, a provision of the federal Patient Protection and Affordable Care Act, and a Virginia statute that purports to limit enforcement of the federal statute does not confer standing; the 4th Circuit vacates the district court decision that found standing and struck the individual mandate as unconstitutional.

Tagged with: Civil Rights