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

Plaintiffs Tati Abu King and Toni Heath Johnson were unable to register to vote in Virginia due to felony convictions. King was convicted of felony drug possession in 2018, and Johnson was convicted of multiple felonies, including drug possession, in 2021. Virginia's constitution disenfranchises individuals convicted of felonies unless their civil rights are restored by the Governor or other appropriate authority. King and Johnson argued that this disenfranchisement violated the Virginia Readmission Act, a federal statute from 1870, which they claimed restricted Virginia from amending its constitution to disenfranchise individuals for crimes that were not felonies at common law in 1870.The United States District Court for the Eastern District of Virginia dismissed three of the four counts in the plaintiffs' complaint for failure to state a claim but allowed one count based on the Virginia Readmission Act to proceed. The defendants, including various state election officials and the Governor of Virginia, moved to dismiss the complaint on sovereign immunity grounds, which the district court rejected.The United States Court of Appeals for the Fourth Circuit reviewed the case and held that the plaintiffs' claim met the requirements of the Ex parte Young doctrine, which allows suits for prospective relief against state officials to prevent ongoing violations of federal law. The court affirmed the district court's decision to allow the claim to proceed against most defendants but reversed the decision regarding the Governor of Virginia and the Secretary of the Commonwealth, finding that they lacked enforcement responsibility for the challenged state action. The court concluded that the Governor and Secretary must be dismissed from the case on sovereign immunity grounds. The district court's order was thus affirmed in part and reversed in part. View "King v. Youngkin" on Justia Law

Ashleigh Gelin died by suicide in November 2013 while incarcerated at the Baltimore County Detention Center. Her parents, Edward and Deborah Gelin, sued Baltimore County and several correctional officers, alleging violations of 42 U.S.C. § 1983, the Maryland Declaration of Rights, and Maryland common law. They claimed the officers showed deliberate indifference to Ashleigh's safety and were grossly negligent.The United States District Court for the District of Maryland partially granted and partially denied the County's motion for judgment on the pleadings. The court found that the complaint did not properly allege deliberate indifference to Ashleigh's mental health needs but did plausibly allege indifference to her physical safety. The court held that the officers could not claim qualified immunity or Maryland common-law public official immunity and denied Baltimore County's claim of governmental immunity. The County's subsequent motion for reconsideration was partially addressed, but the court did not rule on whether the officers could assert public official immunity against the negligence claims.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court found that the County's appeal was premature because the district court had not yet ruled on all issues raised in the County's motion for reconsideration. Specifically, the district court had not decided whether the officers could assert public official immunity against the negligence claims. As a result, the Fourth Circuit held the appeal in abeyance, pending the district court's resolution of the remaining issue. The court directed the parties to inform it once the district court had made a final ruling on the pending issue. View "Gelin v. Baltimore County" on Justia Law

Mohamed Lamine Kouyate, a 36-year-old native and citizen of Guinea, entered the United States on a tourist visa in 2014 due to concerns about political unrest in Guinea. He overstayed his visa and was later convicted in Maryland for identity fraud involving over $100,000, resulting in a 15-year prison sentence. Following his release on parole, the Department of Homeland Security charged him with removability for overstaying his visa. Kouyate applied for asylum, withholding of removal under the Immigration and Naturalization Act (INA), and protection under the Convention Against Torture (CAT), claiming he would be persecuted or tortured if returned to Guinea due to his father's political notoriety.An immigration judge (IJ) denied Kouyate's applications, ruling that his identity fraud conviction constituted a "particularly serious crime," making him ineligible for asylum and withholding of removal under the INA and CAT. The IJ also denied his application for deferral of removal under the CAT, finding insufficient evidence that he would likely be tortured if returned to Guinea. The IJ noted that the political climate in Guinea had changed, and Kouyate's fears were speculative and based on generalized concerns of violence.The Board of Immigration Appeals (BIA) dismissed Kouyate's appeal, deeming his challenge to the IJ's particularly serious crime ruling waived and affirming the IJ's denial of deferral of removal under the CAT. The BIA agreed with the IJ's assessment that Kouyate's fears were speculative and not supported by sufficient evidence of a particularized risk of torture.The United States Court of Appeals for the Fourth Circuit reviewed both the IJ's and BIA's decisions, finding no reversible error. The court upheld the BIA's determination that Kouyate had not exhausted his administrative remedies regarding the particularly serious crime ruling and affirmed the denial of deferral of removal under the CAT, concluding that substantial evidence supported the BIA's decision. The petition for review was denied. View "Kouyate v. Garland" on Justia Law

Empower Oversight Whistleblowers & Research (Appellant) filed a Freedom of Information Act (FOIA) request with the National Institutes of Health (NIH) seeking documents related to the removal of COVID-19 sequencing data from the NIH Sequence Read Archive. The Appellant alleged that NIH failed to meet FOIA statutory deadlines, conducted inadequate searches, and improperly withheld documents.The United States District Court for the Eastern District of Virginia granted summary judgment in favor of NIH. The court found that NIH's searches were adequate and that the documents were properly withheld under FOIA exemptions five and six. The Appellant appealed this decision.The United States Court of Appeals for the Fourth Circuit reviewed the case de novo. The court held that there is no standalone cause of action for a violation of FOIA deadlines, and the remedy for such a violation is constructive administrative exhaustion, which allows the requester to proceed directly to court. The court also found that NIH's searches were reasonably calculated to uncover all relevant documents, as detailed in the declarations submitted by NIH's FOIA officer. The court further held that the redactions made by NIH under FOIA exemptions five and six were proper. Exemption five protects pre-decisional and deliberative documents, and exemption six protects personal privacy interests, which outweighed the public interest in this case.The Fourth Circuit affirmed the district court's grant of summary judgment to NIH, concluding that NIH complied with its FOIA obligations. View "Empower Oversight Whistleblowers & Research v. National Institutes of Health" on Justia Law

In 2016, a suicide bombing occurred at the U.S. military base in Bagram Airfield, Afghanistan. The bomber, an Afghan national employed by a subcontractor of Fluor Corporation, detonated an explosive vest, injuring Specialist Winston Tyler Hencely, among others. Hencely sued Fluor, alleging negligence in supervision, entrustment, and retention of the bomber, and breach of contract with the U.S. Government.The U.S. District Court for the District of South Carolina granted judgment to Fluor on all claims. The court found that federal law preempted Hencely’s tort claims and that he was not a third-party beneficiary entitled to enforce the Government’s contract with Fluor. Hencely appealed these decisions.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court affirmed the district court’s judgment, holding that the Federal Tort Claims Act’s combatant activities exception preempted Hencely’s state-law tort claims. The court concluded that Fluor was integrated into combatant activities and that the military retained command authority over Fluor’s supervision of Local Nationals at Bagram Airfield. The court also held that Hencely was not an intended third-party beneficiary of the contract between Fluor and the U.S. Government, as the contract did not express an intent to benefit individual soldiers or confer upon them the right to enforce its provisions.Thus, the Fourth Circuit affirmed the district court’s judgment, precluding Hencely’s tort claims and denying his breach of contract claim. View "Hencely v. Fluor Corporation" on Justia Law

A former employee of Credit Suisse, John Doe, filed a qui tam action under the False Claims Act (FCA) alleging that the bank failed to disclose ongoing criminal conduct to the United States, thereby avoiding additional penalties. This followed Credit Suisse's 2014 guilty plea to conspiracy charges for aiding U.S. taxpayers in filing false tax returns, which included a $1.3 billion fine. Doe claimed that Credit Suisse continued its illegal activities post-plea, thus defrauding the government.The United States District Court for the Eastern District of Virginia granted the government's motion to dismiss the case. The government argued that Doe's allegations did not state a valid claim under the FCA and that continuing the litigation would strain resources and interfere with ongoing obligations under the plea agreement. The district court dismissed the action without holding an in-person hearing, relying instead on written submissions from both parties.The United States Court of Appeals for the Fourth Circuit affirmed the district court's decision. The court held that the "hearing" requirement under 31 U.S.C. § 3730(c)(2)(A) of the FCA can be satisfied through written submissions and does not necessitate a formal, in-person hearing. The court found that Doe did not present a colorable claim that his constitutional rights were violated by the dismissal. The court emphasized that the government has broad discretion to dismiss qui tam actions and that the district court properly considered the government's valid reasons for dismissal, including resource conservation and the protection of privileged information. The Fourth Circuit concluded that the district court's dismissal was appropriate and affirmed the judgment. View "United States ex rel. Doe v. Credit Suisse AG" on Justia Law

Three licensed substance use disorder professionals, referred to as the Counselors, were employed by NCG Acquisition, LLC and NCG CARE, Inc. They allege that they were wrongfully terminated after attempting to ensure a client received appropriate care. The Counselors had recommended that a client in severe distress be moved to inpatient treatment, but their supervisor, Jessica Tewell, altered their recommendation, preventing the client from receiving the necessary care. The client subsequently died of a drug overdose. The Counselors reported their concerns internally and were terminated shortly thereafter.The Counselors filed a lawsuit in the Western District of North Carolina, claiming wrongful termination in violation of public policy under the North Carolina Substance Use Disorder Professional Practice Act (SUDPPA) and its regulations. The district court dismissed their complaint, concluding that while SUDPPA constitutes an expression of public policy, the Counselors failed to allege a plausible claim that their termination contravened specific SUDPPA regulations.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court found that SUDPPA and its regulations indeed represent the public policy of North Carolina. The Counselors plausibly alleged that their termination was in retaliation for actions taken in compliance with their professional obligations under SUDPPA, such as protecting client welfare and maintaining accurate records. The court concluded that the Counselors' actions were consistent with their professional duties and that their termination violated the public policy of North Carolina. Consequently, the Fourth Circuit reversed the district court's dismissal and remanded the case for further proceedings. View "Shook v. NCG Acquisition, LLC" on Justia Law

The plaintiffs challenged the constitutionality of North Carolina’s sex offender registration statute, arguing that it violated the Ex Post Facto Clause of the Constitution by retroactively imposing new punishments for crimes committed in the past. The statute requires offenders to report personal information to law enforcement and restricts where they can live, work, and visit. The plaintiffs, including two nonprofit organizations and two individuals, sought to bar the retroactive application of certain amendments to the statute.The United States District Court for the Middle District of North Carolina held a bench trial and found that the statute was nonpunitive and thus did not violate the Ex Post Facto Clause. The court concluded that the legislature intended to create a civil, nonpunitive scheme and that the plaintiffs failed to show by the clearest proof that the statute’s effects were punitive.The United States Court of Appeals for the Fourth Circuit reviewed the case and affirmed the district court’s judgment. The appellate court agreed that the legislature intended to enact a civil, nonpunitive scheme aimed at protecting public safety. The court also found that the statute was rationally connected to this nonpunitive purpose and was not excessive in relation to its goal. Although the statute imposed significant burdens on registrants, the court concluded that these burdens did not amount to punishment. The court held that the plaintiffs did not provide the clearest proof that the statute’s effects were so punitive as to override the legislature’s intent.Therefore, the Fourth Circuit affirmed the district court’s judgment, upholding the constitutionality of North Carolina’s sex offender registration statute under the Ex Post Facto Clause. View "National Assoc. For Rational Sexual Offense Laws v. Stein" on Justia Law

The plaintiffs, property owners in West Virginia, filed a lawsuit against the current and former owners of abandoned oil and gas wells on their properties. They sought damages for the defendants' failure to plug the wells, alleging common law nuisance, trespass, and negligence. The defendants argued that the West Virginia Department of Environmental Protection (WVDEP) was responsible for well plugging and that WVDEP had approved transactions between the defendants, which purportedly relaxed their statutory duty to plug the wells. They claimed WVDEP was an indispensable party under Federal Rule of Civil Procedure 19 and, because it could not be joined due to sovereign immunity, sought judgment in their favor under Rule 12(c).The United States District Court for the Northern District of West Virginia denied the defendants' motion, ruling that WVDEP was not a necessary and indispensable party under Rule 19. The court concluded that it could grant the plaintiffs damages on their common law claims without implicating the State’s interests. The defendants then filed an interlocutory appeal, arguing that the district court's order was reviewable under the collateral order doctrine, as it effectively denied WVDEP sovereign immunity.The United States Court of Appeals for the Fourth Circuit reviewed the case and determined that the district court's order did not rule on any immunity issue but only on whether WVDEP was a necessary and indispensable party under Rule 19. The appellate court found that the order did not satisfy the requirements of the collateral order doctrine and was not a final decision. Consequently, the court granted the plaintiffs' motion to dismiss the appeal for lack of jurisdiction. View "McEvoy v. Diversified Energy Company PLC" on Justia Law

Isai Rivas Dubon, a native and citizen of Honduras, entered the United States without inspection in January 1999 and was ordered removed in May 2000. However, the removal order was never executed, and Dubon remained in the country. After successfully adjusting his status, he became a lawful permanent resident and applied for naturalization in August 2020. During the application process, Dubon disclosed a 2019 arrest for violating a domestic violence protection order, which was later dismissed. The United States Citizenship and Immigration Services (USCIS) interviewed Dubon in March 2021 but took no further action for 14 months, prompting Dubon to file a lawsuit in federal district court under 8 U.S.C. § 1447(b) in June 2022.The United States District Court for the Middle District of North Carolina remanded Dubon’s naturalization application to USCIS, instructing the agency to decide within 15 days. The court found that USCIS had a valid reason for the delay due to Dubon’s outstanding removal order, which was terminated in August 2022. USCIS denied Dubon’s naturalization application six days after the remand, citing his 2019 arrest as a disqualifying factor for demonstrating "good moral character." Dubon appealed the district court’s remand order, arguing that the agency had not shown good cause for its delay.The United States Court of Appeals for the Fourth Circuit reviewed the case and granted the government’s motion to dismiss the appeal for lack of jurisdiction. The court held that a remand order under 8 U.S.C. § 1447(b) is neither a final decision nor appealable under the collateral order doctrine. The court emphasized that such remand orders are interlocutory and do not end the litigation on the merits, thus falling outside the scope of appealable orders under 28 U.S.C. § 1291. The court concluded that Dubon’s interest in having his application decided by the district court rather than USCIS did not justify an immediate appeal. View "Dubon v. Jaddou" on Justia Law