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

The sheriff allegedly detained the plaintiff at the request of the department of Immigration and Customs Enforcement, or ICE. The court held the sheriff was entitled to qualified immunity because, at the time of the detention, it was not clearly ...

Tagged with: Civil Rights Judge Glen E. Conrad U.S. District Court - Western District

Where a prisoner’s three separate civil rights actions against corrections employees were dismissed on the same day, the prisoner could appeal the dismissals in forma pauperis because a dismissal does not count as a “prior occasion” under the Prison Litigation ...

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

Where plaintiffs voluntarily discontinued their first action against defendants just two months before trial because the attorney that replaced their initial counsel did not have sufficient time to prepare and shortly thereafter filed a nearly identical action against the same ...

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

Where a prisoner was killed by a fellow inmate, the facts were insufficient to support a claim against the corrections officers for violations of the prisoner’s rights under the Fifth and Eighth Amendment. Background At the time of his death ...

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

A pro se complaint that seeks to have a Confederate monument relocated from downtown Norfolk to a city cemetery is dismissed because plaintiffs have failed to a state a claim for which relief can be granted. Free speech Plaintiffs have ...

Tagged with: Civil Rights Judge Bruce D. White Norfolk Circuit Court Virginia Circuit Courts