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Author Archives: Deborah Elkins

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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LABOR – FLSA – Good Faith – Liquidated Damages (access required)

In this action for overtime pay under the Fair Labor Standards Act, a Roanoke U.S. District Court says defendant automotive supply store, a small, family-owned business, acted in good faith belief that overtime pay was only required for hourly employees, ...

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