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Rule 12(b)(6)

Jun 2, 2026

Excessive force allegations against officers survive dismissal

A plaintiff sufficiently alleged a Fourth Amendment excessive force claim where he asserted that officers slammed him to the ground, fractured his arm and applied pressure to his throat during […]

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Oct 4, 2024

Civil RICO: A tool of advocacy

Since 1985, RICO has become the weapon of choice for civil plaintiffs because of the broad and liberal construction of the statute and the potential of the litigation equivalent of terror or a thermonuclear device — the availability of treble damages.

A ruling by the 4th U.S. Circuit Court of Appeals deepened a split among such federal courts over whether a dismissal of a prisoner’s suit under Heck v. Humphrey constitutes a “strike” under the Prison Litigation Reform Act. (Associated Press file)
Sep 3, 2024

4th Circuit: United States dismissed from wrongful death suit

A federal court dismissed a wrongful death claim under the Federal Tort Claims Act involving a Marine's murder of his grandmother due to jurisdictional issues, despite arguments of negligence by his commander.

A district court’s revocation of a supervised-release revocation was vacated by the 4th U.S. Circuit Court of Appeals on the grounds that the lower court admitted hearsay instead of requiring live testimony from the alleged victim. (Associated Press file)
May 23, 2024

4th Circuit: Workers’ comp statute doesn’t deprive court of jurisdiction

A federal District Court dismissed negligence claims by burned workers, citing state workers’ compensation law, but federal courts retain jurisdiction, the 4th Circuit ruled.


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