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

The Board of Supervisors of Pittsylvania County, Virginia met twice per month. At the beginning of each meeting, a member of the Board opened the proceedings with an invocation, usually explicitly Christian in nature, and asked the audience to stand for the prayers. Hudson is a non-Christian resident of Pittsylvania County who has attended nearly every Board meeting and alleges that the Christian prayers made her and other non-Christian citizens of Pittsylvania County feel unwelcome. Hudson filed a 42 U.S.C. 1983 action alleging violation of the Establishment Clause. The district court entered summary judgment for Hudson and permanently enjoined Pittsylvania “from repeatedly opening its meetings with prayers associated with any one religion,” and struck the case from the active docket while retaining jurisdiction. Hudson sought attorney’s fees and costs in the amount of $59,679.92.1. A magistrate judge recommended an award of $53,229.92 and the district court adopted the recommendation. Pittsylvania filed a notice of appeal and a motion to stay the proceedings pending the Supreme Court’s decision in Town of Greece v. Galloway (2014), 175 days after the court entered its order. The Fourth Circuit dismissed the merits appeal as untimely and affirmed the award of fees. View "Hudson v. Pittsylvania Cnty, Va." on Justia Law

A magistrate judge in the District of Columbia determined that petitioner, a Mexican citizen, was extraditable under the Extradition Treaty between the United States of America and the United Mexican States, U.S. - Mex., May 4, 1978, 31 U.S.T. 5059. Petitioner owned and operated pharmaceutical businesses in and around Mexico City that illegaly imported psychotropic substances into Mexico. On appeal, petitioner claimed that the magistrate judge lacked jurisdiction to conduct the extradition proceeding and that the Treaty bars his extradition. The court found no merit in petitioner's claim that the fact that he was moved from Maryland to the District of Columbia against his will precludes the D.C. Magistrate from exercising jurisdiction over him where, under the Ker-Frisbie doctrine, a defendant's involuntary presence in a court is not a bar to personal jurisdiction. Further, when construing other jurisdiction and venue statutes concerning foreign nationals that, like 18 U.S.C. 3184, require a defendant to be "found in" a place, the court has held that this "found in" requirement is satisfied even when the defendant is brought there against his will. The court rejected petitioner's argument that the Treaty's Non Bis In Idem provision in Article 6 bars his extradition where the court declined to follow Sindona v. Grant's "same conduct" framework, and adopted the Blockburger v. United States' "same elements" test as the proper mode of analysis. The court rejected petitioner's remaining claims regarding the Treaty's dual criminality provision in Article 2 and rule of specialty provision in Article 17. The court affirmed the denial of petitioner's petition for a writ of habeas corpus. View "Gon v. Holt" on Justia Law

Petitioners donated a conservation easement to a land trust and claimed a $10,524,000 charitable deduction for the asserted value. The Tax Court held that the easement did not qualify as a charitable contribution and petitioners were not entitled to the deduction. The Tax Code and Treasury Regulations together make clear that 26 U.S.C. 170(h)(2)(C) means that a charitable deduction may be claimed for the donation of a conservation easement only when that easement restricts the use of the donated property in perpetuity. In this case, because the easement fails to meet this requirement, it is ineligible to form the basis of a charitable deduction under section 170(h)(2)(C). The court rejected petitioners' contention that the court should reject this straightforward application of statutory text and affirmed the judgment. View "Belk, Jr. v. CIR" on Justia Law

The trustee of Firstpay's bankruptcy estate sought a judgment against the United States for an amount of payroll tax payments the firm made on behalf of its employer-clients to the IRS. At issue on appeal was whether the trustee may reclaim as property of Firstpay the approximately $28 million transferred by the firm to the IRS during the 90 days preceding the filing of the bankruptcy petition. The court agreed with the bankruptcy court and the district court that, as a matter of law, Firstpay lacked an equitable interest in the funds paid over to the IRS. Accordingly, the court affirmed the judgment. View "Wolff v. United States" on Justia Law

AGI filed suit against the City, raising claims arising out of an agreement between the City and Profile Aviation. The district court denied the City's motion to dismiss for lack of jurisdiction, holding that, under North Carolina law, governmental immunity from equitable claims is waived when a county or municipality acts in a proprietary, rather than governmental, capacity. Because (1) North Carolina precedent suggests that the Supreme Court of North Carolina would rule that immunity from equitable claims may be waived pursuant to the proprietary function theory and (2) the rationale behind the theory, as articulated by both the United States Supreme Court and the Supreme Court of North Carolina, is consistent with the waiver of immunity for equitable claims, the court held that the district court did not err in its application of North Carolina state law. Accordingly, the court affirmed the judgment. View "AGI Assoc. v. City of Hickory, NC" on Justia Law

Defendant appealed his conviction of knowingly failing to register as a sex offender under the Sex Offender Registration and Notification Act (SORNA), 42 U.S.C. 16913(a). Defendant argued that the government failed to prove an essential element of a SORNA violation - that he knew he had an obligation to register - based on comments made by a state court judge in a separate proceeding, which defendant argued suggested that his obligation to register had expired. The court agreed with the district court's determination that the state judge appeared to be giving advice rather than a binding legal opinion, and there is substantial evidence in the record to support the district court's conclusion that defendant knowingly avoided an obligation to register. Further, the court concluded that defendant's 30-month sentence was reasonable. Accordingly, the court affirmed the conviction and sentence. The court vacated the supervised release portion of the sentence, however, because the U.S. Sentencing Commission recently issued a clarifying amendment that a failure to register under SORNA is not a sex offense for the purposes of the Guidelines. The court vacated the supervised release portion of defendant's sentence, remanding for further proceedings. View "United States v. Collins" on Justia Law

After his felon-in-possession conviction was vacated, petitioner sought a certificate of actual innocence under 28 U.S.C. 2513. The court concluded that petitioner did not satisfy the second section 2513 predicate where petitioner cannot prove that he "did not commit any of the acts charged" and so cannot satisfy the first part of the second predicate. Because petitioner concedes that he also did not prove the alternative second part of that predicate, he is not entitled to a certificate of innocence. Accordingly, the court affirmed the district court's denial of the petition. View "United States v. Mills, Sr." on Justia Law

Universal, a leather wholesaler located in North Carolina, filed suit against Koro, a leather company in Argentina, in North Carolina state court, alleging breach of contract. Koro removed to federal court and the district court granted its motion to dismiss for lack of personal jurisdiction. The court concluded that Universal met its initial burden of demonstrating that Koro purposefully availed itself of the privilege of conducting business in the forum state by submitting affidavits stating that Koro contacted Universal in the forum state, conducted repeated in-person solicitations and meetings concerning the parties' business relationship there, and engaged in numerous business transactions over a two-year period. Accordingly, the court vacated and remanded. View "Universal Leather v. KORO AR" on Justia Law

Plaintiff filed suit against Wells Fargo under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1132, alleging that the company improperly terminated her short-term disability benefits while she was undergoing a series of treatments for thyroid disease. The district court found insufficient evidence of disability under the Plan to conclude that Wells Fargo abused its discretion in denying plaintiff's claim. The court held that Wells Fargo failed to meet its statutory and Plan obligations to plaintiff as a beneficiary. By failing to contact plaintiff's psychologist when it was on notice that plaintiff was seeking treatment for mental health conditions and when it had his contact information, as well as properly signed release forms from plaintiff, the plan administrator chose to remain willfully blind to readily available information that may well have confirmed plaintiff's theory of disability. Accordingly, the court reversed and remanded with directions to return the case to Wells Fargo for a full and fair review of plaintiff's claims. View "Harrison v. Wells Fargo Bank, N.A." on Justia Law

Plaintiffs, South Carolina public employees, filed suit challenging the constitutionality of the South Carolina State Retirement System Preservation and Investment Reform Act, 2005 S.C. Acts 1697. The Act amended South Carolina's retirement laws by requiring public employees who retire and then return to work to make, beginning on July 1, 2005, the same contributions to state-created pension plans as pre-retirement employees but without receiving further pension benefits. The court rejected plaintiffs' argument that their claims under the Takings Clause of the Fifth Amendment are exempt from the protection of the Eleventh Amendment. The court agreed with the district court that the pension plans and the Trust are arms of the State and have sovereign immunity; the state officials sued in their official capacities for repayment of pension-plan contributions have sovereign immunity; and the state officials sued in their official capacities for prospective injunctive relief have sovereign immunity because their duties bear no relation to the collection of the public employees' contributions to the pension plans, excluding application of Ex parte Young. Accordingly, the court affirmed the judgment. View "Hutto v. SC Retirement System" on Justia Law