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Tag Archives: Civil Rights

Civil Rights – Private Company – Policy or Custom – Municipal – Tort/Negligence — Assault & Battery (access required)

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.

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Elections – Civil Rights – Voting Rights Act – Schools & School Boards – At-Large Elections – Multiple Seats – Multiple Votes per Voter (access required)

Levy v. Lexington County In 1994, the General Assembly changed elections for the Board of Trustees for School District Three from an annual February vote to a biennial vote at the time of the general election in November (an at-large election in which voters may cast multiple votes to fill multiple seats on the board).

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Civil Rights – Constitutional — Search & Seizure – Probable Cause — Refusal of Consent – Eleventh Amendment Immunity (access required)

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.

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Civil Rights – Prisons & Jails – ‘Three-Strikes’ Prisoner – Frequent Filings – State-Court Remand (access required)

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.

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Civil Rights – ADA – Domestic Violence Call – Handcuffed Deaf Suspect (access required)

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.

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Labor & Employment – Civil Rights – Title VII – Sex Discrimination – Sexual Harassment – Stalking & Threats – Defamation (access required)

Dulaney v. Packaging Corp. of America A female production worker at a Roanoke packaging plant who alleges the male employee who supervised her shift sexually harassed her by stalking her, threatening her with disciplinary action if she did not have sex with him and told other employees she was a “whore” and had a sexually transmitted disease, can pursue her Title VII claim, as the 4th Circuit vacates summary judgment for the employer.

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Elections – Civil Rights – Racial Gerrymandering Claim — Re-Districting – Constitutional – 14th & 15th Amendments — Voting Rights Act (access required)

Backus v. South Carolina Although – as they were required to do under the Voting Rights Act – defendants considered race when they drew new legislative districts, plaintiffs failed to show that defendants subordinated traditional race-neutral principals to race as the primary consideration for drawing district lines.

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Civil Rights – Constitutional – First Amendment – Free Speech – Abortion Protest – Qualified Immunity (access required)

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.

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Civil Rights – ADA Claim – Med Student – ADHD — Unqualified (access required)

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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Civil Rights – Constitutional – Search & Seizure – Traffic Stop – Strip Search – Tort/Negligence (access required)

Lemon v. Sheriff of Sumter County Plaintiff has failed to show that defendants transgressed a “bright line” constitutional right when they relied on a confidential informant’s tip and stopped plaintiff’s car. However, the parties dispute whether the defendant-deputies conducted a public strip search of plaintiff.

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