DeAndrea Gist Benjamin
How Judge Benjamin rules, drawn from 34 signed orders. Every observation links to the order it came from.
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.
“Affirmed in part, vacated in part, and remanded with instructions by published opinion.”
“Reversed, vacated and remanded with instructions by published opinion.”
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