Sixth Circuit: Spraying Naked Pretrial Detainees in Front of Bystanders May Violate Fourth Amendment

By | 6th Circuit Appellate Blog | November 18, 2014
Sixth Circuit: Spraying Naked Pretrial Detainees in Front of Bystanders May Violate Fourth Amendment

A Sixth Circuit panel unanimously held last week in Williams v. City of Cleveland that pretrial detainees forced to “undress in the presence of other detainees and to have their naked genitals sprayed with delousing solution” stated a viable claim under § 1983 and the Fourth Amendment. 

Fourth Circuit Holds That Insurer Waived Right to Rescind Commercial Property Policy

Fourth Circuit Holds That Insurer Waived Right to Rescind Commercial Property Policy

A powerful weapon in any policyholder’s arsenal is the potential to argue that an insurer waived its right to rescind a policy or deny coverage.  Successfully arguing waiver may allow a policyholder to obtain coverage even where it is alleged to have made material misrepresentations in the policy application or failed to meet a condition precedent.

Fourth Circuit Denies As Untimely a Request to Review a Decision On a Motion to Decertify a Class in Light of Comcast V. Behrend

Fourth Circuit Denies As Untimely a Request to Review a Decision On a Motion to Decertify a Class in Light of Comcast V. Behrend

On July 25, 2014, a three-judge panel of the Fourth Circuit refused to accept a Rule 23(f) interlocutory appeal in a case where an employer had asked the district court to decertify a hostile work environment class in light of Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013).

Could’ve, Would’ve. What Should a Fiduciary Do? Fourth Circuit Decision Could Spell More Uncertainty for Retirement Plan Fiduciaries

Could’ve, Would’ve. What Should a Fiduciary Do? Fourth Circuit Decision Could Spell More Uncertainty for Retirement Plan Fiduciaries

Coming on the heels of the U.S. Supreme Court’s Dudenhoeffer decision, which eliminated a pro-fiduciary presumption with respect to company stock holdings in qualified retirement plans, the 4th Circuit issued a decision last week that could cause even more unrest for plan fiduciaries.

See No Harassment, Hear No Harassment? Not Anymore: the Fourth Circuit Holds Employer Liable for Third-Party Harassment.

Employers may risk peril if they ignore third-party harassment claims.  In Freeman v. Dal-Tile Corp., No 13-1481, 2014 WL 1678422 (4th Cir. April 29, 2014), the Fourth Circuit recently ruled that a negligence standard applies to third-party harassment claims under Title VII.