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Tag Archives: Civil Rights

Police reasonably ordered mental health evaluation (access required)

Where the police had a reasonable belief that the plaintiff posed a danger to herself and others, they were entitled to qualified immunity against claims arising from her detention for a mental health evaluation. Background Kerrin Barrett brought this action ...

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Use of force was objectively reasonable (access required)

The court grants defendant police officer’s plea in bar, based on qualified immunity, to plaintiff’s excessive force claim because his use of force was objectively reasonable under the circumstances. Background Defendant Stinger, a uniformed Richmond police officer, was on an ...

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Malicious prosecution claim goes forward (access required)

Where the plaintiff alleged a Portsmouth police officer made false statements to the magistrate and the assistant commonwealth’s attorney in support of assault and battery charges, those charges terminated in the plaintiff’s favor and no reasonable police officer would believe ...

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State lawyers acted reasonably in calculating inmate’s release date (access required)

Where an inmate whose prison release was delayed brought a suit claiming Eighth Amendment violations, two attorneys with the South Carolina Department of Corrections, or SCDC, acted reasonably in interpreting a state statute regarding calculation of the inmate’s work and ...

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Officers and EMTs can’t escape excessive force claim (access required)

Although officers and EMTs did not violate a clearly established right by initially restraining a man experiencing a crisis that required a mental health evaluation, the continued use of force for nearly six minutes meant the defendants were not entitled ...

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Indicia of innocence support malicious prosecution claim (access required)

A jury will decide if a police officer’s arrest of a 62-year-old man for congregating on the sidewalk, maintaining the charge for three years before dropping it before trial, together with other circumstantial evidence, support a claim for malicious prosecution. ...

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Virginia violated due process rights of mentally ill defendant (access required)

An individual who suffers from mental illness, and who has been under the care of Virginia for over 20 years, adequately alleged his due process right when he received inadequate notice of the basis for revoking his suspended sentence, Virginia ...

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Inmate raises successful ADA and equal protection claim (access required)

Where an inmate with a medical condition had performed various prison jobs, he successfully alleged facts showing that after he was hospitalized for a short time, prison officials regarded him as disabled and as a consequence, he could not participate ...

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Lack of official policy dooms § 1983 claims against city (access required)

Six claims asserted against the City of Lynchburg under 42 U.S.C. § 1983 were dismissed because there were insufficient allegations of a policy statement, ordinance, regulation, or decision officially adopted and promulgated that related to the excessive force, conspiracy, failure ...

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