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Monthly Archives: July 2009

EMPLOYMENT DISCRIMINATION – Sexual Assault – Retaliation – Response To Complaint (access required)

Defendant Department of Corrections cannot win summary judgment by asserting it adequately responded to plaintiff female employee’s complaints of sexual harassment and sexual battery by her male supervisor by repeatedly admonishing him to stay away from her, and a Roanoke ...

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CIVIL RIGHTS – Child Neglect Investigation – Protective Order (access required)

A Roanoke U.S. District Court dismisses a civil rights suit filed by a father against his former wife, her mother and several social workers who investigated a protective service complaint for child neglect of his seven-year-old son by the father. ...

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CRIMINAL – Collateral Attack – Waiver (access required)

A defendant convicted of methamphetamine manufacture in a public housing project in Damascus has waived his right to collaterally attack his conviction by his valid guilty plea, an Abingdon U.S. District Court says. Nor has defendant presented any specific facts ...

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CIVIL RIGHTS – Conspiracy – Fire Department Bequest (access required)

A Lynchburg U.S. District Court dismisses a civil rights suit filed by the Lexington Fire Department against defendant accountant alleging he and defendant City of Lexington conspired to pass a municipal ordinance to appropriate fire department property for the city ...

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CRIMINAL – Threat Against Official – Mental Condition Notice (access required)

An Abingdon U.S. District Court grants the government’s motion to exclude certain medical evidence proffered by defendant, and also grants defendant’s motion to file a belated Notice of Mental Condition as part of his defense to three counts of making ...

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EMPLOYMENT DISCRIMINATION – Title VII – Sex -Age – Jail Employees (access required)

A female detention officer who was terminated from her job at the jail fails to state a claim against defendants who are all either supervisors and/or agents of the employer, who do not have supervisory liability under Title VII or ...

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CIVIL PROCEDURE – Consolidation Motion – Employment Discrimination (access required)

Although consolidation of these four cases alleging employment discrimination by defendant jail would serve judicial economy and convenience, an Abingdon U.S. District Court magistrate judge recommends denial of the motion to consolidate because of differences in plaintiffs’ jobs at the ...

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EMPLOYMENT DISCRIMINATION – Title VII – Sex – Jail Employees (access required)

A female detention officer who was terminated from her job at the jail fails to state a claim against defendants who are all either supervisors and/or agents of the employer, who do not have supervisory liability under Title VII, and ...

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CRIMINAL – Sentencing Guidelines – Ex Post Facto Clause (access required)

A Big Stone Gap U.S. District Court says it must reference the 2003 sentencing guidelines in effect on the date defendant was convicted of receipt and transport of child pornography, because application of the current guidelines would violate the Ex ...

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