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Constitutional

Constitutional – Search & Seizure – Traffic Stop – Administrative – Immigration – Green-Card Check (access required)

U.S. v. Guijon-Ortiz A police officer who questioned a pickup passenger’s alien legal residence card during a routine traffic stop did not violate the passenger’s Fourth Amendment rights when he extended the stop to call the local customs office to check the validity of the passenger’s identification, and the 4th Circuit affirms defendant passenger’s conviction for illegal reentry after deportation in violation of 8 U.S.C. § 1326.

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Constitutional – First Amendment – Freedom of Religion – Criminal Practice – Church-Affiliated College – Campus Police — DWI (access required)

State v. Yencer The Campus Police Act’s provision of secular police protection for the benefit of the students, faculty, and staff of Davidson College, as applied to defendant’s conviction for driving while impaired, does not offend the Establishment Clause of the First Amendment to the U.S. Constitution. Defendant has failed to demonstrate that her arrest and conviction for driving while impaired were influenced by any consideration other than secular enforcement of a criminal statute, G.S. § 20-138.1.

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Civil Rights – Constitutional – First & Fourteenth Amendments – Speech & Association – Lobbyist – Campaign Contributions – N.C. Offices (access required)

Preston v. Leake A North Carolina statute that prohibits a registered lobbyist from contributing to the campaign of any candidate for the N.C. General Assembly or the Council of State does not violate the free speech and association rights of appellant lobbyist, and the 4th Circuit upholds the district court decision rejecting the lobbyist’s suit under 42 U.S.C. § 1983.

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Constitutional – Search & Seizure – Civil Rights – Tort/Negligence – Arrest (access required)

Brown v. Winders If, as plaintiff has alleged, the defendant-deputy told the 62-year-old overweight, disabled plaintiff that the deputy knew plaintiff wasn’t the one riding plaintiff’s motorcycle when it sped away from the deputy, then the deputy violated plaintiff’s clearly established right to be free from unreasonable seizures when he arrested her for fleeing to elude arrest. Defendants’ motion to dismiss is granted as to plaintiff’s state-law claims against the defendant-sheriff. Otherwise, the motion is denied.

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Constitutional – Due Process – Property or Liberty Interest – Tort/Negligence – Contract – Municipal (access required)

Lanier Construction Co. v. City of Clinton Since the defendant-city was entitled to exercise a great deal of discretion in awarding a construction contract to the lowest responsible bidder, a disappointed bidder - like plaintiff - has no protected property interest in the contract. Defendants’ motion to dismiss is granted as to plaintiff’s claims of due process violation, defamation, intentional interference with prospective contractual relations, and breach of contract.

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Constitutional – Freedom of Religion – Civil Practice – Subject Matter Jurisdiction — Nonprofit Corporation – Tort/Negligence – Intentional Infliction of Emotional Distress (access required)

Johnson v. Antioch United Holy Church, Inc. Even though defendants are a church and three of its members, the trial court need not delve into eccliastical law to decide whether defendants’ actions were authorized by the church’s bylaws. We reverse the trial court’s order granting defendants’ motions to dismiss for lack of subject matter jurisdiction and for Rule 11 sanctions.

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Constitutional – Equal Protection — Smoking Ban – Private Clubs – First Impression — Administrative — Civil Penalties (access required)

Liebes v. Guilford County Dept. of Public Health The statutory scheme exempting nonprofit private clubs but including for-profit private clubs within the ambit of the smoking ban does not violate the plaintiff’s equal protection rights since there exists a rational basis for the legislature’s differential treatment of for-profit and nonprofit private clubs. We affirm the trial court’s order.

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Constitutional – Due Process – First Impression – Civil Commitment – Sexually Dangerous Individuals – Brady (access required)

U.S. v. Edwards. (Lawyers Weekly No. 11-02-0391, 22 pp.) (Terrence W. Boyle, J.) E.D.N.C. Holding: Even though the government has a strong interest in protecting its citizens from sexually dangerous individuals, if they are to be civilly committed, those individuals ...

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