Everett v. Pitt County Board of Ed. Parents’ groups that oppose a county school board’s 2011-2012 student assignment plan win their appeal in the 4th Circuit, which says the district court erred by failing to apply, and requiring the school board to rebut, a presumption that racial disparities in the assignment plan resulted from the school board’s prior unconstitutional operation of a racially segregated school district.
Merchant v. Bauer A Fairfax County police officer could not objectively and reasonably have believed plaintiff was impersonating a police officer in violation of a Virginia statute when plaintiff, a psychologist who served as deputy director of a Maryland county correctional department, had a badge in her pocket, used air quotes to refer to her county-provided “police car,” and told the officer he should show her professional courtesy; the 4th Circuit upholds a denial of qualified immunity to the officer.
Gregg v. Ham A bail bondsman pursuing a fugitive in his home neighborhood must pay $100,000 to a disabled woman whose home the bondsman surveilled and searched; the 4th Circuit says the bail bondsman is not entitled to qualified immunity from the woman’s § 1983 claim and the district court did not err in submitting the immunity issue to the jury.
Kinard v. City of Greenville Plaintiff does not identify a specific policy or custom of defendant American Services, Inc. pursuant to which defendant Mills acted when he allegedly assaulted plaintiff. Nor does plaintiff allege a direct causal link between any such policy or custom and his injuries. Plaintiff has not sufficiently pled a claim against American Services under 42 U.S.C. § 1983.
White v. Boone A reasonable officer would have known that plaintiff’s refusal to consent to a search did not give the officer probable cause for a search warrant.
Defendants’ motion for summary judgment is granted as to defendant Boone in his individual and official capacities, granted as to defendant Cox in his official capacity, and denied as to defendant Cox on his individual capacity.
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.
Gentry Technology of S.C., Inc. v. Baptist Health South Florida, Inc. After requesting a bid from, negotiating with, and doing business with an S.C. company, a Florida hospital is subject to personal jurisdiction in this court.
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.
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.
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.
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