Justia U.S. 4th Circuit Court of Appeals Opinion Summaries

In a putative class action, Plaintiffs allege that as prisoners at two of Virginia’s supermax facilities, they have suffered severe isolation in violation of the U.S. Constitution. Plaintiffs argue that the Virginia Department of Corrections (“VDOC”) has not used its supermax facilities for any legitimate penological purposes. Instead, Plaintiffs claim, that Virginia and its officers have warehoused prisoners in solitary, without any meaningful path back to the general population, to justify the profligate costs of building and running those institutions.     The Fourth Circuit affirmed the district court’s denial of Defendant’s motion. The court explained that Defendants invoked qualified immunity at the motion to dismiss before any of the evidence is in. And on the facts Plaintiffs have pleaded, Defendants cannot succeed. Plaintiffs have adequately alleged that Defendants knew the harms long-term solitary confinement causes and disregarded them. But qualified immunity does not protect knowing violations of the law.   The court explained that its analysis of due process entails a two-part inquiry: (1) whether Plaintiffs had a protectable liberty interest in avoiding security detention; and (2) whether Defendants failed to afford minimally adequate process to protect that liberty interest. Plaintiffs allege Defendants failed to meet even the most basic due process requirements like notice and a meaningful opportunity to be heard and that the criteria Defendants employ to assess solitary placements are entirely divorced from legitimate penological interests. On those allegations—and at this litigation stage—Defendants cannot claim immunity. View "William Thorpe v. Harold Clarke" on Justia Law

Charter Day School (“CDS”) a public charter school in North Carolina, requires female students to wear skirts to school based on the view that girls are “fragile vessels” deserving of “gentle” treatment by boys. Plaintiffs argued that this sex-based classification grounded on gender stereotypes violates the Equal Protection Clause of the Fourteenth Amendment, and subjects them to discrimination and denial of the full benefits of their education in violation of Title IX of the Education Amendments of 1972, 20 U.S.C. Section 1681 et seq. (“Title IX”).  In response, despite CDS’ status as a public school under North Carolina law, CDS denied accountability under the Equal Protection Clause by maintaining that they are not state actors.   The Fourth Circuit affirmed the district court’s entry of summary judgment for Plaintiffs on their Equal Protection claim against CDS. The court also vacated the district court’s summary judgment award in favor of all Defendants on Plaintiffs’ Title IX claim and remanded for further proceedings on that claim.   The court held that CDS is a state actor for purposes of Section 1983 and the Equal Protection Clause. By implementing the skirts requirement based on blatant gender stereotypes about the “proper place” for girls and women in society, CDS has acted in clear violation of the Equal Protection Clause. The court further held that sex-based dress codes like the skirts requirement, when imposed by covered entities, are subject to review under the anti-discrimination provisions of Title IX. View "Bonnie Peltier v. Charter Day School, Inc." on Justia Law

Air Evac EMS, Inc., is an emergency air ambulance provider. Because the company's services are expensive, it markets and sells what it characterizes as a "debt cancellation program." Under this program, West Virginia residents pay a sum of money annually and any amount due on their bill in excess of what is covered by insurance will be canceled by the company.Through a series of communications and actions taken by West Virginia, Air Evac determined that the state was favoring a competitor. Air Evac brought several suits in district court. This one alleges that the Airline Deregulation Act preempts the West Virginia Insurance Commissioner from taking any enforcement efforts. Following this case, Air Evac brought another case against the Commissioner that remains pending at the time of this appeal.The district court determined that the abstention doctrine applied, however, because the case presented "extraordinary circumstances," the court determined that abstention was not appropriate.The Fourth Circuit affirmed. Under Younger v. Harris, 401 U.S. 37 (1971), federal courts should abstain from exercising jurisdiction to consider matters related to ongoing state criminal proceedings as well as quasi-criminal proceedings if the state proceeding is ongoing, implicates important state interests and provides an adequate opportunity to raise constitutional challenges. The Fourth Circuit determined that the district court properly analyzed the abstention factors. Thus, the district court did not abuse its discretion. View "Air Evac EMS, Inc. v. Allan McVey" on Justia Law

In March of 2020, West Virginia’s Governor began to adopt public-safety measures in response to the outbreak of the COVID-19 pandemic. Six months later, a group of Plaintiffs sued, challenging those measures as unconstitutional. The district court dismissed their case, holding that the amended complaint failed to state a valid constitutional claim.   On appeal, the Plaintiffs argued for the voluntary cessation exception. The Fourth Circuit vacated the district court’s judgment and remanded with instructions to dismiss the case. The court held that the case is moot because the Governor has long since terminated each of the challenged executive orders, and there is no reasonable chance they will be reimposed.  The court reasoned a defendant claiming mootness based on the voluntary cessation of a challenged practice must show that it is “absolutely clear that the allegedly wrongful behavior could not reasonably be expected to recur. Here, the Governor has not imposed any new COVID-19 restrictions, let alone restrictions similar in scope or subject matter to those Plaintiffs' challenge. Nor have Plaintiffs pointed to any conduct by the Governor suggesting that measures like gathering limits, capacity restrictions, or school closures will be reimposed in the future. View "Eden, LLC v. Jim Justice" on Justia Law

North Carolina law allows “[a]ny qualified voter registered in the same district as the office for which [a] candidate has filed or petitioned” to file a challenge with the state board of elections asserting “that the candidate does not meet the constitutional or statutory qualifications for the office.” N.C. Gen. Stat. Sections 163-127.1, -127.2. A group of voters in Representative Cawthorn’s district filed such a challenge. According to the voters, Representative Cawthorn encouraged the violent mob that disrupted the peaceful transition of power by invading the United States Capitol on January 6, 2021, and that encouragement constituted “insurrection” and disqualifies Representative Cawthorn for further service in Congress. Seeking to stop the challenge process from going forward, Representative Cawthorn sued the members of the state board of elections in federal district court.   The Fourth Circuit reversed the district court’s grant of injunctive relief and remanded for further proceedings. The court held that consistent with the statutory text and context, the 1872 Amnesty Act removed the Fourteenth Amendment’s eligibility bar only for those whose constitutionally wrongful acts occurred before its enactment. The court concluded that the district court erred in construing the Act as a sweeping removal of all future Fourteenth Amendment disabilities. Thus, because the district court’s ruling was based solely on its view of the 1872 Amnesty Act, the court reversed its decision and vacated the permanent injunction. View "Madison Cawthorn v. Barbara Lynn Amalfi" on Justia Law

A Virginia jury convicted Petitioner of involuntary manslaughter after his car crashed into a tree killing the front seat passenger. The jury concluded that Petitioner was driving under the influence at the time of the crash. Petitioner subsequently sought post-conviction relief in Virginia state court, claiming ineffective assistance of counsel. Petitioner, who insisted he was not wearing a seatbelt at the time of the accident, asserted that his lawyer failed to investigate evidence of the operation and use of the driver’s seatbelt. Ultimately, the Supreme Court of Virginia, after considering the full record, held that, although the counsel’s performance fell below the standard of care, that failure did not prejudice Petitioner. Crockett brought a federal habeas petition under 28 U.S.C. Section 2254.   The Fourth Circuit affirmed the district court’s denial of Petitioner’s Section 2254 petition. The court reasoned that The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) precludes a federal court from granting habeas relief on a claim decided on the merits in a state court unless it determines the state court’s decision was contrary to or involved an unreasonable application of, clearly established federal law or was based on an unreasonable determination of the facts in light of the record evidence. That standard of review proves fatal to Petitioner’s habeas claims. While one might reasonably come to a different conclusion than the Supreme Court of Virginia, the court’s decision was far from unreasonable. View "Cameron Crockett v. Harold Clarke" on Justia Law

Plaintiffs., a Florida-based wine retailer, plus its owner and three North Carolina residents, initiated a 42 U.S.C. Section 1983 action, challenging a North Carolina alcoholic beverage control regime as unconstitutional. More specifically, the Plaintiffs alleged that North Carolina’s regime, which prohibits out-of-state retailers — but not in-state retailers — from shipping wine directly to consumers in North Carolina (the “Retail Wine Importation Bar”), contravenes the Constitution’s dormant Commerce Clause. The Plaintiffs sought declaratory and injunctive relief and named the Chair of the North Carolina Alcoholic Beverage Control Commission as a defendant (“N.C. Commission”). The district court awarded summary judgment to the N.C. Commission.   The Fourth Circuit affirmed the ruling, holding that even though the Retail Wine Importation Bar discriminates against interstate commerce — it is authorized by Section 2 of the 21st Amendment. The court explained that its analysis of North Carolina’s Retail Wine Importation Bar under the Tennessee Wine framework led the court to conclude that, although the Bar discriminates against interstate commerce, it is nevertheless justified on the legitimate non- protectionist ground of preserving North Carolina’s three-tier system. View "B-21 Wines, Inc. v. Hank Bauer" on Justia Law

By grant of summary judgment in favor of the United States, the district court held that the Government’s provision of substitute facilities to Arlington County, Virginia (“the County”) constituted just compensation for the taking of three parcels of property. The County appealed, contesting the district court’s application of the summary judgment standard and raising several substantive arguments in support.The Fourth Circuit, finding error in the district court’s grant of summary judgment, vacated the district court’s ruling and remanded for further proceedings consistent with this opinion. The court concluded that the district court circumvented the summary judgment standard when it engaged in fact-finding despite the presence of genuinely disputed material facts. The court was persuaded that the genuine disputes identified as to the nature of one of the parcels were material. It is this contested distinction of that parcel that the district court overlooked when drawing inferences in favor of the Government, effectively determining as a decision on the merits that the parcel was not a separate parcel for condemnation purposes from the rest of the take. While the district court would not have committed procedural error by making that decision under Rule 71.1, it did err as such when resolving the case in a Rule 56 proceeding. View "US v. 8.929 Acres of Land in Arlington County, Virginia" on Justia Law

White Coat Waste Project (“WCW”) tried to run an advertisement denouncing animal experimentation with the Greater Richmond Transit Company (“Richmond Transit”) the ad was denied for being impermissibly “political.” WCW sued, challenging that denial as a violation of its First Amendment rights. Richmond Transit responded that, as a private company, it is not bound by the First Amendment, and even if it were, its policy passes constitutional muster because it only restrains speech in a nonpublic forum.   The district court disagreed on both counts, concluding that Richmond Transit is a state actor subject to constitutional constraints and that its policy violates the First Amendment right to free speech. But the district court granted WCW only partial summary judgment, holding that it could not provide the facial relief WCW sought because public-transit political-advertising bans can sometimes accord with the Constitution.   The Fourth Circuit concluded that the district court correctly identified Richmond Transit as a state actor and held that Richmond Transit’s policy is not “capable of reasoned application” and is therefore unconstitutionally unreasonable. Further, the court held that the district court erred in denying facial relief. Even if another public-transit political-advertising ban may be constitutional, this ban is incapable of reasoned, constitutional application in all circumstances. Thus, it is facially unconstitutional and warrants facial relief. View "White Coat Waste Project v. Greater Richmond Transit Co." on Justia Law

8 U.S.C. Section 1226(a) permits the Attorney General to detain aliens pending their removal hearings. Under those procedures, an alien is given notice and three opportunities to seek release by showing they are neither a flight risk nor a danger to the community.   A district court determined that a class of aliens had a likelihood of establishing that those procedures violated the Due Process Clause of the Fifth Amendment. That court then issued a preliminary injunction ordering, on a class-wide basis, that to continue detaining an alien under Section 1226(a), the government must prove by clear and convincing evidence that an alien is either a flight risk or a danger to the community. The district court also required immigration judges to consider an alien’s ability to pay any bond imposed and consider alternatives to detention.   The Fourth Circuit vacated the district court’s preliminary injunction order and held that under Section 1252(f)(1), the district court lacked jurisdiction to issue class-wide injunctive relief that enjoined or restrained the process used to conduct Section 1226(a) bond hearings. Further, the detention procedures adopted for Section 1226(a) bond hearings provide sufficient process to satisfy constitutional requirements. The court concluded for that reason-the aliens are unable to establish a likelihood of success on their due process claims. Nor have they shown that they are likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in their favor or that an injunction is in the public interest. View "Marvin Miranda v. Merrick Garland" on Justia Law