DeAndrea Gist Benjamin

How Judge Benjamin rules, drawn from 34 signed orders. Every observation links to the order it came from.

Court
U.S. Court of Appeals for the Fourth Circuit
Position
circuit
Appointed by
Joseph R. Biden Jr. (Democratic)
Commissioned
2023-02-21
Education
Winthrop University (B.A., 1994); University of South Carolina School of Law (J.D., 1997)
Signed orders read
34

How Judge Benjamin decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

She requires an adequately explained trial-court rationale before applying deferential review, especially when a sentencing enhancement depends on disputed facts.

“if the district court fails to explain its rationale, then the clearly erroneous standard does not guide our review on appeal.”

She applies state-law territorial limits independently from a contract's choice-of-law clause and declines to expand state statutes without supporting authority.

“Again, we decline to expand the reach of Maryland law”

A law violates equal protection when its operative enactment was motivated by racial discrimination and continues to have that discriminatory effect.

“Because the Challenged Statute’s relevant ‘enactment was motivated by a desire to discriminate against [Black North Carolinians] on account of race and . . . continues to this day to have that effect[,] . . . it violates equal protection under Arlington Heights.’”

A claimant has no protected property interest in a local board seat when the city retains broad discretion over selection, appointment, and compensation.

“The discretion afforded to the City is dispositive here.”

The federal tort inquiry is limited to how private parties in like circumstances would fare under state law, even when that comparison benefits the government.

“the FTCA requires us to ask only ‘how private parties in like circumstances would be treated under state law,’”

Cautions

She distinguishes actionable retaliatory harassment from ordinary workplace friction and requires conduct severe or pervasive enough to deter a reasonable worker.

“high burden cannot be satisfied by claims based on ‘petty slights or minor annoyances.’”

An argument omitted from the opening brief is waived when raised for the first time in reply; a passing reference does not preserve the issue.

“Accordingly, Jensen has waived the arguments in her Reply Brief regarding the Pike test.”

Claims dismissed as unripe must be dismissed without prejudice because the court has not reached their merits.

“Because those claims are not ripe, however, they must be dismissed without prejudice.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Sherita Hicks v. Anne Arundel County
· 2024-08-06
Appeal (appellant) Denied

“Affirmed by published opinion.”

CCWB Asset Investments, LLC v. Gregory Milligan
· 2024-08-06
Appeal (appellant) Denied

“Affirmed by published opinion.”

Krishna Poudel v. Mid Atlantic Professionals, Inc.
· 2024-08-15
Appeal (appellant) Denied

“Affirmed by published opinion.”

United States v. Makel Elboghdady
· 2024-09-09
Appeal (appellant) Granted in part

“Affirmed in part, vacated in part, and remanded with instructions by published opinion.”

United States v. Jarohn Parham
· 2025-02-26
Appeal (appellant) Granted

“Reversed, vacated and remanded with instructions by published opinion.”

Thomas Fluharty v. Philadelphia Indemnity Insurance Company
· 2025-02-26
Appeal (appellant) Denied

“Affirmed by published opinion.”

United States v. Telly Armstrong
· 2025-04-01
Appeal (appellant) Denied

“Affirmed by published opinion.”

Lisa Barnhill v. Pamela Bondi
· 2025-05-15
Appeal (appellant) Denied

“Affirmed by published opinion.”

LaToya Benton v. Seth Layton
· 2025-06-03
Appeal (appellant) Denied

“Affirmed by published opinion.”

Deborah Parker v. Dan Martin
· 2025-07-01
Appeal (appellant) Denied

“Affirmed by published opinion.”

Katrina Robertson v. United States
· 2025-07-22
Appeal (appellant) Denied

“AFFIRMED by published opinion.”

Jamila Grice v. Independent Bank
· 2025-08-05
Appeal (appellant) Granted

“Reversed and remanded by published opinion.”

Draft for Judge Benjamin with the record in hand

Ezel grounds your drafting and research in this profile: what has persuaded Judge Benjamin, and what has not, cited to the signed orders.

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