July 23, 2013 4th Circuit published opinions

Cioca v Rumsfeld

Cioca and other service members brought suit alleging Secretaries Rumsfeld and Gates did not prevent rape in the military and seeking money damages through a Bivens action. The district court dismissed the suit and the panel affirmed. It held that under United States Supreme Court precedent, Bivens actions are not available for claims incident to military service. As all the claims here are for decisions involving military discipline, they arise incident to service are suit is barred.

United States v State of South Carolina

The United States and a private group sued for an injunction against South Carolina’s anti-illegal immigration law. The district court enjoined certain provisions and the panel affirmed. It first held that the private group had standing to seek injunctive relief against an unconstitutional law and abstention was not required as there was no pending criminal proceeding. The panel also held that the provision against transporting and hiding oneself is conflict preempted as Congress ahs not criminalized mere presence and the provisions prohibiting transporting o harboring another, failure to carry immigration cards and a provision prohibiting fraudulent immigration papers are field preempted as Congress has passed extensive legislation in the area. As the other requirements for an injunction were met, the panel affirmed the injunction.

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