Although a court had already concluded the former Assistant United States Attorney intentionally withheld exculpatory evidence in the plaintiff’s prior criminal trial, the court held his civil rights’ claims against the AUSA either failed to state a claim or must ...

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

A plaintiff who was arrested pursuant to a valid warrant and held in custody for nearly four months even though she was innocent could not bring a civil rights violations claim against the arresting officers because she failed to demonstrate ...

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

The former student from China on an F-1 visa alleged Virginia Tech and two employees violated his rights by notifying Homeland Security when he dropped below the number of credit hours needed to maintain full-time status and by convening a ...

Tagged with: Civil Rights Judge Michael F. Urbanski U.S. District Court - Western District

The employee alleged a school board and others violated his civil rights based on a custom or practice that allowed school officials to detain persons with scant evidence of wrongdoing, and that the board failed to properly train its personnel. ...

Tagged with: Civil Rights Judge John A. Gibney Jr. U.S. District Court - Eastern District

Although the corrections officer has notice of the suit in which he was named as a defendant, he established that he was not properly served because the complaint was not left at his “usual place of abode.” The court, however, ...

Tagged with: Civil Rights Judge Norman K. Moon U.S. District Court - Western District

Although an inmate experienced serious, but short-lived, harm, a doctor’s decision to monitor the inmate’s diabetes and to treat it with diet, rather than medication, did not evidence deliberate indifference to the man’s medical needs.. Background Carey Hixson, an insulin-dependent ...

Tagged with: Civil Rights Judge Michael F. Urbanski U.S. District Court - Western District

Defendants who collected fines imposed in traffic and misdemeanor cases in municipal court were sued for overseeing and enforcing policies and practices that allegedly violated plaintiffs’ constitutional rights. The defendants could not immediately appeal the denial of their pre-discovery immunity ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Allyson K. Duncan

Inmates at the correctional center and officials from the Virginia Department of Corrections previously reached a settlement agreement that sought to provide for constitutionally adequate medical care. The court concluded, however, that defendants breached that contract in material and significant ...

Tagged with: Civil Rights Judge Norman K. Moon U.S. District Court - Western District

Students from the University of Virginia law school persuaded the court to join other circuits in holding the statute of limitations was equitably tolled during the period the prisoner was exhausting his administrative remedies, thus making his § 1983 excessive ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Diana Gribbon Motz

The court held there were disputed issues of material fact on whether the class representative was the victim of excessive uses of force and regarding the circumstances of his room confinement. Background On Oct. 4, 2017, plaintiff John Doe 1 ...

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