Search

Circuit Splits from March 2026: Appellate Court Disagreements on Qualified Immunity, ADA, First Step Act

The Congressional Research Service published a Legal Sidebar summarizing circuit splits that emerged from U.S. Courts of Appeals decisions in March 2026. Three circuit conflicts are discussed: the Eleventh Circuit's split with the Fifth and Tenth Circuits on qualified immunity and personal liability under 42 U.S.C. § 1981 and the FMLA; the Eleventh Circuit's split with the Fifth Circuit on Olmstead claims under Title II of the ADA for individuals at risk of institutionalization; and the Second Circuit's split with the Ninth Circuit on whether First Step Act time credits can reduce the period of supervised release under 18 U.S.C. § 3632(d)(4). The report does not create new obligations but tracks appellate disagreement on federal law interpretation.

Carter v. Dupuy - Excessive Force, Qualified Immunity

The Fifth Circuit reversed the district court's denial of summary judgment for defendants Chad Dupuy and Sheriff Jason Ard on plaintiff Amanda Carter's Fourth Amendment excessive force claim. The court held that Dupuy's actions—grasping Carter's arm, attempting to drag her through the doorway, and briefly pushing her out of the office—constituted de minimis force that was not clearly excessive or unreasonable under the circumstances. The court applied the Graham v. Connor totality-of-circumstances test, finding Dupuy entitled to qualified immunity because no constitutional violation occurred when the force was minimal, lasted at most four seconds, and ceased immediately once Carter was outside.

Garten Trucking LC v NLRB - Enforcement of Labor Order

The Fourth Circuit granted the NLRB's application for enforcement and denied Garten Trucking LC's petition for review, affirming that Garten violated Sections 158(a)(1) and (3) of the National Labor Relations Act. The court found that Garten supervisors interrogated employees about union activity, that co-owner Tommy Garten made coercive threats at company meetings about contract loss and facility shutdown, that Garten improperly disciplined employees for union activity without an honest belief in misconduct, and that Garten's solicitation policy was overbroad.

United States v. Lewis-Langston - ACCA Enhancement Harmless Error

The Fourth Circuit affirmed a defendant's 200-month ACCA-enhanced sentence for felon-in-possession of a firearm, finding that the district court erred under Erlinger v. United States by deciding at sentencing whether the defendant's three prior violent felonies were committed on different occasions. The court held this error was harmless because the defendant received adequate notice of potential ACCA exposure in his plea agreement and plea colloquy, did not seek to withdraw his guilty plea, and did not meaningfully contest the accuracy of his presentence report establishing the predicate offenses occurred on different dates. The court applied the harmless-error framework from United States v. Brown, 136 F.4th 87 (4th Cir. 2024), finding the evidence supporting the different-occasions finding was exceptionally strong.

Seungho Park v. Ellie Shin Civil Case Affirmed

The Fourth Circuit affirmed the district court's order denying Seungho Park's request for attorney's fees and damages pursuant to a settlement agreement under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., as well as the court's denial of reconsideration. The appellate court reviewed the record and discerned no reversible error. Oral argument was dispensed with.

Benjamin Sandoval Diaz v. Todd Blanche - Immigration Petition Denied

The Fourth Circuit denied Benjamin Sandoval Diaz's petition for review of a Board of Immigration Appeals decision, affirming the denial of his application for cancellation of removal. The court upheld the finding that Diaz failed to establish good moral character because he testified under oath to felony cocaine offenses under North Carolina law, despite the charges being later dismissed. The court rejected Diaz's argument that the Immigration Judge failed to properly apply BIA precedent in Matter of K.

Spivey v. Breckon - Bivens Claims Dismissed

The Fourth Circuit affirmed the dismissal of a federal prisoner's Bivens action against Bureau of Prisons employees, holding that the district court correctly concluded a Bivens remedy was unavailable. The court found that the prisoner's claims for inadequate medical care and excessive force presented new Bivens contexts beyond those recognized by the Supreme Court, and special factors counseled against extending an implied damages remedy under the Constitution.

United States v. Holley - Sentence Affirmed on Grouping and Consecutive Sentencing Challenges

The Fourth Circuit affirmed Xavier Holley's 480-month sentence for attempted Hobbs Act robbery and conspiracy, rejecting his challenges to the district court's grouping of counts and its authority to impose consecutive sentences. The appellate court held that any grouping error was harmless because the offense level remained at 45 regardless of grouping, and that consecutive sentences for conspiracy and attempted robbery are permissible under 18 U.S.C. § 3584(a) per this circuit's precedent in United States v. Oliver.

US v. Preston Mills Jr. - Affirmed in Part, Vacated in Part, Remanded

The Fourth Circuit affirmed the district court's revocation of supervised release for Preston Mills Jr. but vacated his 24-month revocation sentence, remanding for resentencing. The appellate court found no error in the underlying revocation based on new criminal charges, but held that the sentence was plainly unreasonable because the district court failed to consider a potentially non-frivolous mitigation argument.

Mcardle v. Antero Affirmed in Part, Vacated in Part, and Remanded

The Fourth Circuit affirmed the District Court for the Northern District of West Virginia's summary judgment for defendants Antero Resources Corporation, Key Oil Company, and Franklin L. Butler on Count II of plaintiff McArdle Family Partnership's breach of contract claim concerning oil and gas royalty interests. The court agreed that a May 30, 1996 assignment from James Drilling Corporation and the Shearers to Key Oil was a clear, broad conveyance of all their interests in the relevant leases, with no exceptions or reservations, and therefore James Drilling Corporation conveyed no royalty interests to MFP in 2008. The case was affirmed in part, vacated in part, and remanded.

United States v. Martin - Fourth Amendment Traffic Stop Extension Ruling

The Fourth Circuit reversed the Southern District of West Virginia's denial of a motion to suppress evidence in a felon-in-possession case, finding law enforcement unlawfully extended a traffic stop beyond its original purpose. The appellate court held that approximately 12.5 minutes of questioning about unrelated matters violated Fourth Amendment protections. The defendant's conviction was vacated and the case remanded.