Reconsideration for Claimant’s Mental Retardation

Immunity for Investigator in Politician’s Suit

By Deborah Elkins
Published: February 14, 2013
Tags: Civil Rights, Judge Pamela Meade Sargent, U.S. District Court - Western District

A Virginia State Police investigator has qualified immunity from a 42 U.S.C § 1983 action for money damages based on the investigator’s alleged report that plaintiff political candidate for local office had made unauthorized use of a bulldozer he was to store for a paid job, prompting reports that plaintiff had been arrested; the magistrate [...]

Unjust Enrichment Claim for Medications Service

By Deborah Elkins
Published: February 14, 2013
Tags: Civil Procedure, Judge Pamela Meade Sargent, U.S. District Court - Western District

In this dispute between a long-term care facility and a pharmacy services company over the facility’s failure to pay for continued provision of residents’ medications after expiration of a contract executed by the parties’ predecessors-in-interest, the magistrate judge for the Big Stone Gap U.S. District Court recommends dismissing two Florida corporations as defendants for lack [...]

Benefits Recommended for Lupus Sufferer

By Deborah Elkins
Published: September 10, 2012
Tags: Judge Pamela Meade Sargent, Social Security, U.S. District Court - Western District

An ALJ’s denial of social security benefits is not supported by substantial evidence that claimant did not meet or equal the impairment listing for lupus under federal social security regulations, reports the Abingdon U.S. District Court Magistrate Judge, and she recommends the denial be vacated and the case remanded for an award of benefits. The [...]

Plaintiffs get copies of hospital’s policies

By Paul Fletcher
Published: July 27, 2012
Tags: Federal Courts, Judge Pamela Meade Sargent, Negligence

A Russell County medical center must give copies of its internal practices and procedures for fall prevention to the family of a man who died from a fall at the center. A federal magistrate judge in Abingdon ruled that the plaintiffs could have copies of the center’s practices, but she said that she merely was [...]

State Employee Entitled to Notice

By Deborah Elkins
Published: July 17, 2012
Tags: Employment, Judge Pamela Meade Sargent, U.S. District Court - Western District

An occupational therapist fired by the Southwest Virginia Mental Health Institute may pursue her claim under 42 U.S.C. § 1983 to the extent she has alleged that defendants deprived her of her liberty interest in her state job without due process, but the Abingdon U.S. District Court recommends dismissing her claim regarding a liberty interest [...]

Company Demand for Document Review Denied

By Deborah Elkins
Published: July 17, 2012
Tags: Civil Procedure, Judge Pamela Meade Sargent, U.S. District Court - Western District

A natural gas company defending potential class-action suits for royalty payments cannot claim privilege as to the bulk of documents it has identified as protected, except for a memorandum concerning advice of counsel about potential litigation against a surface owner, says an Abingdon U.S. District Court Magistrate Judge. The documents defendant EQT wishes to withhold [...]

Plaintiff Gets Training Materials, Reports

By Deborah Elkins
Published: June 6, 2012
Tags: Judge Pamela Meade Sargent, Medical Malpractice, U.S. District Court - Western District

Recognizing a split among Virginia circuit courts, an Abingdon U.S. District Court magistrate judge grants plaintiff’s motion to compel production of hospital training materials and incident reports in a lawsuit involving decedent’s fatal fall after his bed sensor was turned off, as the materials are not protected by Virginia’s statutory quality assurance privilege. Defendant objected [...]

False Statement Provides Probable Cause

By Deborah Elkins
Published: February 16, 2012
Tags: Judge Pamela Meade Sargent, Search & Seizure, U.S. District Court - Western District

A magistrate judge for the Big Stone Gap U.S. District Court recommends denying defendants’ motion to suppress evidence of drugs found in their van stopped within the Cumberland Gap National Historical Park, as testimony from a park ranger and the recording of the traffic stop show the van’s owner consented to the search. Police found [...]

Diverse Citizenship Claim is ‘Conclusory’

By Deborah Elkins
Published: January 10, 2012
Tags: Civil Procedure, Judge Pamela Meade Sargent, U.S. District Court - Western District

A magistrate judge for the Abingdon U.S. District Court recommends remand to state court of this suit by plaintiff descendants and heirs of Richard Deakins, who claim they own the coal and coalbed methane rights to certain parcels totaling 392 acres in Buchanan County; defendants’ assertion that the 75 plaintiffs are citizens of states other [...]