Employment Discrimination - Title VII - Air Traffic Controller - Hostile Environment
Published: November 17, 2008
A female air traffic controller gets another shot at proving her “hostile environment” case because an Alexandria U.S. District Court erred in refusing to consider affidavits from coworkers about conduct plaintiff did not personally witness.
Ziskie v. Mineta (USCA) (VLW 008-2-149) (16 pp.)
Employment - Public Employee - Grievance - Sick Leave Bank 
Published: November 17, 2008
A former recreation employee for the City of Norfolk can grieve her termination with a complaint about use of the Sick Leave Bank and denial of benefits, even though her complaint asked for damages and did not clearly seek reinstatement, a Norfolk Circuit Court says.
The employee’s grievance was denied for failure to state a dispute [...]
Domestic Relations - Termination Of Parental Rights - Substance Abuse
Published: November 17, 2008
A mother who was unable or unwilling to comply with treatment for her abuse of marijuana and cocaine loses her parental rights to her three children, in this decision by the Court of Appeals.
The evidence showed that substance abuse treatment, individual therapy, child care, and assistance with housing had been available to mother. Yet, her [...]
Criminal - Taking Indecent Liberties - Other Crimes - Letter To Counselor
Published: November 17, 2008
Although 20 months passed between an incident in which a 13-year-old girl allegedly was sexually molested by her sister’s boyfriend and her report of the incident in a letter to a school counselor, the trial court did not err in admitting the letter into evidence at the boyfriend’s trial for taking indecent liberties in violation [...]
Search & Seizure - Traffic Stop - Passenger Search
Published: November 17, 2008
The record supported a trial court’s suppression of cocaine residue found on a plastic spoon in the pocket of an auto passenger where the audio/videotape of the encounter between the officer and the passenger did not clearly indicate the passenger’s response when the officer asked if he could search the passenger, the Court of Appeals [...]
Search & Seizure - Reasonable Suspicion - Stop In Travel Lane
Published: November 17, 2008
Police had reasonable suspicion to detain and approach a vehicle that had been halted in a street travel lane for 15 seconds and could have been a hazard to traffic and a violation of Va. Code § 46.2-888, but the Court of Appeals says police exceeded the scope of their right to conduct a pat-down, [...]
Criminal - Hearsay - Statement Against Penal Interest - Third-Party Confession
Published: November 17, 2008
At defendant’s trial for the theft of two spools of copper wire from a Sprint substation, based largely on the testimony of the woman who drove the van transporting the wire with her father and the defendant, the trial court did not err, the Court of Appeals says, in excluding evidence of a purported third-party [...]
Search & Seizure - Weapon Possession - Release On Summons
Published: November 17, 2008
Assuming defendant’s arrest and search violated state law requiring release on a summons, police had probable cause to believe defendant committed the misdemeanor of possessing a concealed weapon, and the arrest and search did not violate the U.S. or Virginia Constitutions, and the Court of Appeals upholds denial of defendant’s motion to suppress.
The evidence, properly [...]
Unemployment Comp - Unemployment Benefits - Discharge For Misconduct - Political Activity
Published: November 17, 2008
A lab test engineer loses his challenge to a denial of unemployment compensation after he was terminated for using his employee computer and company e-mail address to send other employees political information about the race for mayor of Altavista; the Court of Appeals affirms the denial of benefits.
Appellant used his company computer and e-mail account [...]
Employment - Public Employee Grievance - Rule 5A:18
Published: November 17, 2008
The Court of Appeals cannot consider an appeal from a circuit court decision upholding disciplinary action taken by the Southside Virginia Training Center against appellant employee because the employee did not make a timely objection or timely raise before the circuit court any of the arguments she now makes on appeal, regarding her contention that [...]
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