Where the evidence showed one official within the prison’s health department was aware of the plaintiff’s Hepatitis C status, lack of treatment and resulting risk of harm, and another official postponed treatment for inmates with Hepatitis C knowing it would ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Robert B. King

Where four African American plaintiffs assert that they were stopped and searched as a result of racial profiling by an Albemarle County police officer and the district court applied an incorrect standard in rejecting their statistical evidence, the case was ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Per Curiam Opinion

Where four male students were suspended or expelled from Virginia Tech after they were accused of sexual misconduct, they could not sue the school for due process violations because they did not have a protected liberty or property interest in ...

Tagged with: Civil Rights Judge Elizabeth K. Dillon U.S. District Court - Western District

Where the facts showed the police officer included “false” statements in her criminal complaint, and omitted other evidence relevant to the case, the court held the officer was not entitled to qualified immunity in a civil rights lawsuit alleging malicious  ...

Tagged with: Civil Rights Judge Robert E. Payne U.S. District Court - Eastern District

Where necessary and effective medical treatment was a right clearly established in the law, the complaint plausibly alleged there was “no medical reason” to withhold treatment;  nor was there grounds for dismissal based on qualified immunity. Background Plaintiff’s complaint, filed ...

Tagged with: Civil Rights Judge Mark Davis U.S. District Court - Eastern District

Where a commonwealth’s attorney disclosed the fact that a psychiatric patient had psychological issues and had not taken his medication on the day he was shot by a hospital security guard, the patient’s guardian was unable to state a claim ...

Tagged with: Civil Rights Judge Elizabeth K. Dillon U.S. District Court - Western District

Where a woman with kidney failure died after receiving an MRI scan using contrast dye even though she specifically told the doctor that she could not use contrast dye, her estate could pursue a malpractice claim against the doctor who ...

Tagged with: Civil Rights Judge James P. Jones U.S. District Court - Western District

Where state and county law enforcement officers allegedly coerced a false confession out of two teenage boys with severe intellectual disabilities, the officers are not entitled to qualified immunity because they violated teenagers’ clearly established constitutional rights. Background This case ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Stephanie Dawn Thacker

Officials who allegedly instructed police to not intervene during the “Unite the Right” rally are nevertheless entitled to immunity against claims brought by a person who was allegedly attacked by protestors. Background Robert Sanchez Turner was attacked by protesters at ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Henry F. Floyd

Where a woman who attempted to shield a dog from a police officer’s pointed gun was arrested for obstruction, the officer is not entitled to qualified immunity from her claims of false arrest, excessive force and malicious prosecution. Background Buddy, ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Roger L. Gregory