Legal Opinion

Ashley Overbey v. Mayor & City Council of Balt.

Court of Appeals for the Fourth Circuit

Decided July 11, 2019No. 17-2444PublishedCited by 64 opinions

1Opinion of the Court

FLOYD, Circuit Judge:

When the city of Baltimore has settled civil-rights lawsuits alleging police misconduct, it has typically required settling claimants to agree to a "non-disparagement clause," under which they promise not to speak to the media about either their underlying allegations or the settlement process itself. Claimants who breach the non-disparagement clause are, by the terms of the clause, liable to Baltimore for damages equaling half of their settlement funds. Ashley Overbey, a police-misconduct claimant who settled her case but then spoke about it publicly, claims that…

2Cases cited28 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Warth v. SeldinSupreme Court of the United States · 1975
  3. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  4. Spokeo, Inc. v. RobinsSupreme Court of the United States · 2016
  5. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000

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3Cited by64 opinions

  1. Cato Institute v. SECCourt of Appeals for the D.C. Circuit · 2021
  2. Albert v. FranchotDistrict Court, D. Maryland · 2023
  3. Alston v. Federal Home Loan Mortgage CorporationDistrict Court, D. Maryland · 2022
  4. Association for Education Fairness v. Montgomery County Board of EducationDistrict Court, D. Maryland · 2021
  5. Baugh v. The Federal Savings BankDistrict Court, D. Maryland · 2020

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