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Tag Archives: Judge Rebecca Beach Smith

Protective Order Issued in Post-Conviction Motion (access required)

A Norfolk U.S. District Court declines to bifurcate proceedings on petitioner’s § 2255 motion contending his lawyers provided constitutionally ineffective assistance of counsel, but the court will grant petitioner’s motion for a protective order as it grants the government’s motion ...

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Jail Health Supervisor Can’t Claim ‘No Knowledge’ (access required)

In this suit arising from the death of a pretrial detainee in the Hampton Roads Regional Jail, the Norfolk U.S. District Court accepts the magistrate judge’s recommendation to deny dismissal of plaintiff administrator’s negligence claims against the defendant nurse employed ...

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Pretrial Detainee Care Is ‘Ministerial’ (access required)

In this suit arising from the death of a pretrial detainee in the Hampton Roads Regional Jail, the Norfolk U.S. District Court accepts a magistrate judge’s recommendation to deny defendant correctional officials’ motion to dismiss negligence claims; defendants are not ...

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Engineer’s PIP Was ‘Materially Adverse Action’ (access required)

A NASA research engineer can try his claims for national origin and religion discrimination under Title VII; emails with his supervisor demonstrated “protected activity” and the conditions placed on a performance improvement plan rendered the PIP a “materially adverse action,” ...

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No Suppression for NIT Warrant Delay (access required)

The government’s delay in serving a warrant for use of a Network Investigative Technique to uncover defendant’s child pornography computer files accessed through “Playpen,” a website that facilitated distribution of child pornography, does not require suppression of evidence for an ...

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Child Porn Defendant Denied IT Discovery (access required)

Following prior opinions of the East­ern District of Virginia covering the same Fourth Amendment issues, a Norfolk U.S. District Court upholds the government’s use of a Network Inves­tigative Technique to conduct searches of personal computers after its seizure of “Playpen,” ...

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