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Author Archives: Virginia Lawyers Weekly

Civil Rights – Excessive Force – Qualified Immunity – Off-Duty Officer – Security Guard (access required)

Although defendant, an off-duty officer who was working as a private security guard, did not display his badge when attempting to arrest plaintiff for reckless driving after a collision, the officer nevertheless has qualified immunity from an excessive force civil ...

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Civil Rights – Qualified Immunity – ACLU Officials – Access To Inmates (access required)

Where the American Civil Liberties Union sued defendant state correctional facilities when the correctional facilities revoked an ACLU paralegal’s permission for contact visits with inmates after the ACLU had filed suit against the correctional facility, the correctional officials have qualified ...

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Real Property – Contract – Land Sales Disclosure Act (access required)

Although defendant developer’s subdivision of less than 25 lots was included in a promotional brochure prepared by a realty company that had listings from both defendant developer and the developer who sold the first defendant the lots, this brochure did ...

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Administrative – Medicaid – N.C. Statute – Retroactive Application Of Changes (access required)

Where the federal administrator of the Health Care Financing Administration rejected retroactive application of proposed changes in North Carolina’s Medicaid program, designated as SPA 90-14, proposals which made certain changes in the state’s Medicaid payment methodology to exclude state-operated nursing ...

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Commercial – Securities Fraud – Press Reports (access required)

Where two newspapers reported defendant company’s financial difficulties during the first half of 1988, at the same time the company was issuing press releases which stated that it was enjoying a degree of financial prosperity, and was “looking for record ...

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Administrative – Immigration – Deportation – Probation Without Judgment (access required)

Although petitioner, who originally entered the U.S. from Mexico as a nonimmigrant visitor, argues that the Immigration & Naturalization Service should not have considered his Maryland “probation without judgment” on a cocaine charge a “conviction” warranting deportation, his petition challenging ...

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Administrative – Medicaid Benefits – Heart Transplant (access required)

Although the commonwealth argued that the Medicaid-eligible child’s heart transplant was excepted from coverage under 42 U.S.C. § 1396b(i)(1), which provided that the federal government will contribute no part of the cost of organ transplants unless the state provides for ...

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Criminal – Sentencing – Criminal History – Inclusion Of Probation (access required)

In sentencing defendant for drug conspiracy, the district court did not err in including in the calculation of defendant’s “criminal history” category two Maryland sentences of “probation without entry of judgment, despite defendant’s arguments that Maryland law prevents using these ...

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