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Full Fourth Circuit Hears Former WVa Justice's Appeal Over Juror Twitter Use – Courthouse News Service


A former West Virginia chief justice says a juror in his 2018 fraud trial defied an order to stay off social media and followed reporters who tweeted about the case.
Former West Virginia Supreme Court Justice Allen Loughry, right, emerges from the Robert C. Byrd United States Courthouse with his lawyer after his sentencing in Charleston, W.Va. on Feb. 13, 2019. (AP Photo, File)
RICHMOND, Va. (CN) The en banc Fourth Circuit seemed unlikely Monday to side with a disgraced former member of the West Virginia Supreme Court who claims a juror’s use of Twitter impacted his 2018 trial on fraud charges. ....

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Report on Jail Death Draws 4th Circuit's Eyes to Chain of Command – Courthouse News Service


(York County Sheriff’s Department via Courthouse News)
RICHMOND, Va. (CN) After Josh Grose died in the South Carolina jail where he was being held on a 2013 murder charge, a spokesman for the York County Sheriff’s Department quickly assured the public that it had been a suicide.
But Michael Billioni, an employee at the detention center, saw a video that painted a different picture. 
“The video showed Detention Officer James Moore punch a naked and restrained detainee twelve times while other officers in the room did nothing to stop him,” Billioni said in a brief to the Fourth Circuit last year.  ....

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Full Fourth Circuit Split on Baltimore Aerial Police Surveillance


(Jerry Jackson/The Baltimore Sun via AP)
RICHMOND, Va. (CN) The en banc Fourth Circuit appeared split Monday on the constitutionality of a Baltimore police surveillance program under which as much as 90% of the city was observed via plane over a six-month period.  
The Baltimore Police Department put the Aerial Investigation Research, or AIR, pilot program into use in May 2020. It used a small airplane equipped with a high-resolution camera array to fly over the city for 40 hours per week during daylight in fair weather.
The program was challenged under the First and Fourth Amendments by the ACLU of Maryland, but a federal judge denied the group’s request for an injunction halting it. While the rest of the case plays out, the ACLU appealed the injunction denial and went before a similarly unsympathetic three-member Fourth Circuit panel in September. ....

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Fourth Circuit Revives Challenge to Mental Health Treatment of Unaccompanied Minors


The Richmond-based federal appeals court found the government was responsible for the mental health treatment of a traumatized 16-year-old Mexican immigrant and others in its care.
Immigrant children play outside a former Job Corps site that now houses them on June 18, 2018, in Homestead, Fla. (AP Photo/Wilfredo Lee)
RICHMOND, Va. (CN) Citing the differences between mentally unwell unaccompanied minors and pre-trial immigrant detainees, an appeals court revived a challenge against a rural Virginia juvenile detention facility Tuesday.
The 39-page opinion, authored by Chief U.S. Circuit Judge Roger Gregory, reversed a federal court opinion which found the children’s claims, including alleged physical abuse in place of medical and mental health care, failed to meet the standard required to survive dismissal.  ....

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