15 results for 'judge:"Wynn"'.
J. Wynn finds the lower court properly denied summary judgment to the police officer. The police were called by the mother of a 15-year-old boy who claims her son was hitting her. When police arrived, they found the teen unarmed and began approaching him as he attempted to back away before lunging toward him and tackling him to the ground. Despite one officer already tasing the teen who was on the ground, the police officer punched the teen five times in the back of the head while he lay helpless. There is still a genuine dispute over whether the officer used excessive force, thus precluding summary judgment based on qualified immunity. Affirmed.
Court: 4th Circuit, Judge: Wynn, Filed On: April 15, 2024, Case #: 22-2115, Categories: Civil Rights, Immunity, Police Misconduct
J. Wynn finds the lower court improperly granted summary judgment to the contractor on fraud claims. A couple and a contractor agreed to the sale and renovation of a home. The contractor told the couple that all subcontractors would be licensed before they signed the agreement. Despite Virginia law not requiring that subcontractors working under a licensed contractor hold their licenses, the couple would not have agreed to the sale if they knew they would be unlicensed. Vacated.
Court: 4th Circuit, Judge: Wynn, Filed On: March 27, 2024, Case #: 22-2265, Categories: Construction, Fraud, Contract
J. Wynn dismisses the appeal for lack of jurisdiction. This case originates from a lending relationship between a company and a bank. When that relationship soured, the parties sued each other. Nearly a decade of litigation followed, including two state-court lawsuits, a jury trial, post-trial motions, removal to federal district court, and motions practice in that court. The company has not met its burden to establish appellate jurisdiction because, despite being notified of a possible jurisdictional defect multiple times, it has not offered any valid explanation of why the court can exercise jurisdiction over the 2023 orders that it failed to timely appeal.
Court: 4th Circuit, Judge: Wynn, Filed On: March 18, 2024, Case #: 21-1414, Categories: Jurisdiction, Banking / Lending
J. Wynn finds the lower improperly dismissed the estate's claims for lack of subject matter jurisdiction. The estate submitted an administrative claim to the Navy for damages, claiming that the deceased's medical complications and death were the result of substandard care she received at the Navy medical center. The government believed that the estate failed to meet the administrative exhaustion requirement because, when they submitted the administrative claims, neither of the current administrators was properly qualified as administrator of the estate. Congress has not authorized regulations that impose additional jurisdictional requirements beyond those the statute itself imposes; thus, the rules on which the government relies are non-jurisdictional. Reversed.
Court: 4th Circuit, Judge: Wynn, Filed On: March 12, 2024, Case #: 23-1011, Categories: Administrative Law, Wills / Probate, Wrongful Death
J. Wynn finds the lower court improperly granted summary judgment to the news outlet on copyright claims stemming from the website Independent Journal Review's use of a Ted Nugent photo in an online article. The concert photographer who took the photo of Ted Nugent that the news outlet used for publication without obtaining permission still had copyright registration for the pictures. They cannot rely on the fair use defense as they did not alter anything from the photo. Reversed.
Court: 4th Circuit, Judge: Wynn, Filed On: February 6, 2024, Case #: 21-2021, Categories: Copyright
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J. Wynn finds the lower court properly granted summary judgment to the insurance company. The law firm owner sought compensation after the federal government served the firm with a grand jury subpoena in connection with an ongoing criminal investigation involving the Somalian government. The owner is not entitled to coverage under his professional liability insurance policy asd the insurers never made a clear and definite promise to cover the expenses over which he has sued. Affirmed.
Court: 4th Circuit, Judge: Wynn, Filed On: January 4, 2024, Case #: 22-1621, Categories: Contempt, Insurance
J. Wynn finds the lower court improperly granted judgment to the administrator on the prisoner's retaliatory transfer claim brought under the First Amendment. The administrator moved the prisoner to a more dangerous prison after he filed numerous grievances stemming from an incident where guards forced the prisoner into a dry cell to produce three bowel movements without being able to wash his hands after they claimed he swallowed something suspicious. The administrator did not give a valid reason for the transfer and, according to the prisoner, even threatened him by saying he would likely be transferred if he continued complaining. Reversed.
Court: 4th Circuit, Judge: Wynn, Filed On: January 3, 2024, Case #: 21-7239, Categories: Prisoners' Rights
J. Wynn finds the lower court improperly identified first-degree assault as a violent felony for the Armed Career Criminal Act. The defendant correctly argued that first-degree assault was an indivisible offense with alternative means and that because one of the means could be committed in a way that would not constitute a categorically violent felony under the force clause of ACCA’s violent-felony definition, first-degree assault did not qualify as a predicate violent felony. Reversed.
Court: 4th Circuit, Judge: Wynn, Filed On: October 19, 2023, Case #: 20-6957, Categories: Firearms, Sentencing, Assault
[Consolidated.] Wynn grants the natural gas pipeline's motion to dismiss petitions for review of permit approvals for lack of jurisdiction. In passing the Fiscal Responsibility Act of 2023, Congress gave exclusive jurisdiction to the Washington D.C. Circuit Court. Dismissed.
Court: 4th Circuit, Judge: Wynn, Filed On: August 11, 2023, Case #: 23-1384, Categories: Energy, Government, Jurisdiction
J. Wynn finds the lower court properly dismissed the Air Force veteran's appeal of the Physical Disability Board of Review decision denying him benefits. The soldier dealing with anxiety after witnessing a rocket attack is not entitled to a physical examination from the Board as the Board was created to retroactively review disability determinations based on the records of the armed force concerned rather than on a physical exam. Affirmed.
Court: 4th Circuit, Judge: Wynn, Filed On: July 26, 2023, Case #: 22-1591, Categories: Employment, Government, Military
J. Wynn finds the lower court properly denied the habeas petition. This case involves a man claiming the state suppressed evidence from a neighbor's testimony after he was convicted of murdering his girlfriend and three of her relatives at her apartment. Although the testimony is in favor of the man and was suppressed by prosecutors, it is not material and therefore does not change his outcome of a life sentence. Affirmed.
Court: 4th Circuit, Judge: Wynn, Filed On: July 19, 2023, Case #: 21-9, Categories: Death Penalty, Evidence, Habeas
J. Wynn finds the board improperly denied the mother's petition for review of a removal order. Although the mother did not update her address, causing her not to receive the edited hearing time, the original written notice she received at her old address did not contain the date and time her removal hearing was to be held, making her entitled to rescission of their removal orders. Vacated.
Court: 4th Circuit, Judge: Wynn, Filed On: July 12, 2023, Case #: 20-2306, Categories: Immigration
J. Wynn finds the lower court properly dismissed the inmate's procedural due process and equal protection claims because they are not covered by the Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics. Bivens cannot be expanded to new contexts, such as this case where an inmate disputes his firing from a prison job due to racial discrimination. Affirmed.
Court: 4th Circuit, Judge: Wynn, Filed On: June 6, 2023, Case #: 20-7540, Categories: Due Process, Equal Protection, Prisoners' Rights
J. Wynn finds the lower court improperly dismissed the charges against the officers. The two officers wrongly withheld an incriminating video interview of an informant who lied about who murdered a mother and daughter, sending an innocent man to prison for over 20 years. Reversed.
Court: 4th Circuit, Judge: Wynn, Filed On: May 30, 2023, Case #: 22-1684, Categories: Fair Trial, Murder, Arson
J. Wynn finds the lower court properly decided to conduct a new trial in this case regarding an American businessman who worked with Turkish officials to allegedly defame a wanted Turkish political activist living in the U.S. following a failed coup attempt. The court did not abuse its discretion in determining that the evidence weighed heavily against the verdict such that a new trial was warranted. Affirmed.
Court: 4th Circuit, Judge: Wynn, Filed On: May 18, 2023, Case #: 22-4252, Categories: Evidence, Fair Trial, Conspiracy