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| Gibson v. BSA, No. 05-1363,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 12, 2006, Decided
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Overview: In a former member's lawsuit against a volunteer organization and its local council, where the member's right to fair procedure was violated by revocation of his membership without a hearing, the member was properly denied compensatory damages because these damages were caused by his expulsion and not by the denial of his fair procedure rights.
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| Higuit v. Gonzales, No. 05-1002,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 12, 2006, Filed
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| Holly v. Scott, No. 05-6287,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 12, 2006, Decided
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Overview: Interlocutory relief was granted vacating denial of individual private prison employees' motion to dismiss prisoner's Bivens claims because Bivens did not support a cause of action against the defendants as individual employees of a private correctional facility.
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| Johnny's Enters. v. Prudential Sec. Inc., No. 05-1003,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 12, 2006, Decided
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Overview: Securities corporation, which transferred money-market funds at the request of a provider of car warranty coverage, was properly granted summary judgment on a car dealer's claims because there was no factual or legal basis under the state banking law and Investment Advisors Act to conclude that the corporation owed the dealer a fiduciary duty.
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| Li Qin Wang v. Gonzales, No. 05-1958,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 12, 2006, Decided
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Overview: An alien was not entitled to review of the BIA's denial of asylum and withholding of removal because the IJ offered specific, cogent reasons for the credibility determination and that substantial evidence supported the IJ's conclusion that the alien failed to establish either past persecution or a well-founded fear of future persecution.
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| United States v. Clark, No. 05-4274,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, January 12, 2006, Decided
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Overview: A sentence imposed on defendant, who pleaded guilty to conspiring to distribute crack cocaine, was vacated and remanded because the district court erroneously considered sentencing disparities between state and federal defendants, rather than disparities among federal defendants, as required under 18 U.S.C.S. § 3553(a)(6).
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