Recent Case Highlights
Jehovah v. Clarke (4th Circuit) --
(1) Whether the district court erred in granting summary judgment as to Jehovah's claim that Defendants violated the Religious Land Use and Institutionalized Persons Act ("RLUIPA") and the Free Exercise Clause.
(2) Whether Defendants were deliberately indifferent to Jehovah's serious medical needs.
On August 11, 2015 (Amended), the Court reversed the order granting summary judgment to the
defendants and remanded for further proceedings. Jehovah v. Clarke, 2015 WL 4126391.
Incumaa v. Stirling (4th Circuit) --
Civil Rights: Long-term solitary confinement and requirements of procedural due process. An important decision remanding for closer scrutiny of the procedural due process afforded to an inmate held in solitary confinement for twenty years. Incumaa v. Stirling, 2015 WL 3973822
USA v. Surratt (4th Circuit) --
Assigned as amicus counsel to defend the district court's decision that
§ 2241 relief was unavailable. Although habeas petitioner was serving an erroneously imposed mandatory term of life imprisonment without eligibility for parole. The panel by divided vote upheld the denial of § 2241 relief. An important case on a number of issues that is now pending review of Mr. Surratt's petition for rehearing en banc.
United States v. Surratt, _ F.3d _ (2015).
Mohamed v. Holder (4th Circuit) --
Immigration case in which the Court reversed the Board of Immigration Appeals decision that Mr. Mohamed was deportable. Mr. Mohamed was released from custody. Mohamed v. Holder, 769 F.3d 885 (2014).
Davis v. U.S. Sentencing Commission (D.C. Circuit) --
Overruling habeas channeling circuit precedent and remanding for further proceedings ("Because the Supreme Court has knocked out three of the pillars on which Razzoli rests, we now allow that holding to fall . . . , we hold that a federal prisoner need bring his claim in habeas only if success on the merits will "necessarily imply the invalidity of confinement or shorten its duration." Wilkinson, 544 U.S. at 82.). Davis v. United States Sentencing Comm'n_ 716 F.3d 660 (2013).