U.S. Court of Appeals for the Fourth Circuit, 2009

The Fourth Circuit affirmed dismissal of Nemet’s defamation and tortious-interference claims because its amended complaint did not plausibly allege that Consumeraffairs.com created or developed the challenged posts, rather than merely hosting or editing third-party content, and thus did not overcome the site’s…

The Fourth Circuit affirmed dismissal of all claims arising from the removal of a police commissioner and two deputies from their offices and the retrieval of police property. It concluded that the complaint did not plausibly allege unreasonable searches or seizures, race discrimination, or a civil-rights conspiracy…

The Fourth Circuit held that when an FTCA employee’s scope of employment determines both subject matter jurisdiction and an element of the tort claim, the district court generally may not resolve disputed facts through a Rule 12(b)(1) dismissal.

The Fourth Circuit affirmed dismissal of Dr. Philips’s § 1983 claims because the complaints did not plausibly allege that the hospital’s suspension decision was fairly attributable to the state.

The Fourth Circuit held that the district court’s five-year probation sentence was procedurally unreasonable because the court did not explain how the sentencing factors applied to Carter’s particular circumstances.