Crouse v. Town of Monks Corner. In October, 2013, a man, Berkeley, fell asleep in his car in a Wal-Mart parking lot. HIs three sons could not wake him and alerted securit, who then called the police. The responding officer, Roach, pulled the man from the car and threw him to the ground. He and another …
Loftus v. Bobzien. Bobzien, the Fairfax, Virginia, County Attorney, fired Loftus, an assistant county attorney, after she was elected to Fairfax City Council. The termination was “solely because she had been elected to the City Council.” Loftus sued claiming the termination violated her First Amendment rights, as well as Virginia Statute and a local Fairfax …
Liverman v. City of Petersburg. Late last year (I know; I’m way behind), the Fourth Circuit struck down the unconstitutional social media policy of the City of Petersburg Bureau of Police. The policy prohibited sharing information that would discredit or reflect poorly on the department or any other city department or employee. The policy said: …
City of Petersburg, Virginia Police Social Media Policy Unconstitutional Read More »
The Fourth Circuit will rehear Lund v. Rowan County en banc (the entire slate of judges, not just a three judge panel, will decide the case). This is a case focused on the prayers of a County Commission at its meetings. You can read more about the case here.
North Carolina State Bar v. Sutton. Defendant, a lawyer, appealed from a disciplinary proceeding concerning alleged misconduct over several years and in several cases. Specifically, seven different instances: Defendant repeatedly interjected in a deposition; said to opposing counsel: “Fagan, you know what your problem is? Your problem is that you need a boyfriend or a …
Lund v. Rowan County. Rowan County, North Carolina opens its board of commissioners meetings with a prayer. It is a routine practice, and the invocations rotate between board members. The bulk of the prayers invoke Christianity in some form. In 2012, the ACLU sent a letter to Rowan County objecting to the invocations, asserting a …
Fourth Circuit talks legislative prayer – Lund v. Rowan County Read More »
Animaw Azige v. Holy Trinity Ethiopian Orthodox Tewahdo Church. Holy Trinity amended its constitution and bylaws. Soon after that, several church members sued for a declaratory judgment that several violations of the bylaws had occurred, including improperly conducting an election extending the terms of some council members, the adoption of the amendment, the transfer of …
Court lacks jurisdiction to consider church constitution – N.C. Court of Appeals Read More »
Hubbard v. N.C. State Univ. Hubbard worked for NCSU beginning in 2004. Near the end of 2013, she began reporting her supervisor for alleged misconduct. In April 2014, she was given a letter terminating her employment effective July 24, 2014. She sued claiming (1) violation of the North Carolina Whistleblower Act, (2) wrongful termination in …
Lawson v. Union Cty. Clerk of Court. The Fourth Circuit has confirmed that government employees with apolitical positions can campaign without fear of retaliation. The Clerk of Court of Union County, South Carolina, is an elected official. The Clerk, William Gault fired his deputy clerk, Melanie Lawson. Lawson had been a deputy clerk for about 20 …
National Association for the Advancement of Multijurisdiction Practice (NAAMJP) v. Loretta Lynch This is a case about bar membership. Specifically, the NAAMJP challenged Local Rule 701 of the U.S. District Court for the District of Maryland under the First Amendment, the Equal Protection Clause, the Rules Enabling Act and the Supremacy Clause. Rule 701 allows …
Fourth Circuit affirms local rule restricting out of state attorneys in Maryland Read More »