Articles Posted in U.S. Court of Appeals for the Fourth Circuit

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Plaintiff, an Army Reservist and fifth grade teacher, filed suit against the Board. Plaintiff claimed that she was improperly reemployed in violation of Section 4313 of the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. 4313, because her mental state rendered her unqualified, and the Board’s allegedly hostile work environment triggered or exacerbated her disability. Plaintiff was reemployed by the Board after her deployment, but eventually terminated based on her deficient performance. The Board later discovered that plaintiff was disabled due to post-traumatic stress disorder (PTSD). The district court granted summary judgment to the Board. The court affirmed the judgment because Section 4313 cannot serve as a basis for claims involving acts occurring after reemployment, and because plaintiff has no available remedies. View "Butts v. Prince William County School Board" on Justia Law

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Plaintiff filed suit under 42 U.S.C. 1983 against two former members of the North Carolina Army National Guard, Adjutant General William E. Ingram, and Lieutenant Colonel Peter von Jess, alleging that defendants violated his Fourth Amendment rights. Plaintiff claimed that defendants, motivated by revenge, directed other service members to monitor plaintiff’s email messages, which he sent while serving on active duty in Kuwait, and to forward incriminating messages to von Jess. The district court granted summary judgment in favor of defendants based on the justiciability doctrine in Mindes v. Seaman. Mindes provided a four-factor test for reviewability of claims based on internal military affairs. The court acknowledged that defendant now renounces any claim for equitable relief and affirmed the district court's judgment on the basis of the military abstention doctrine set forth in Feres v. United States. In this case, plaintiff's alleged injuries arose out of activity incident to his service where he was on active duty, deployed in a war zone, and used a computer system set up by the DOD for military personnel deployed at Camp Doha. View "Aikens v. Ingram, Jr." on Justia Law