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Tag Archives: Civil Rights

Jury to decide if prison officials violated inmate’s rights (access required)

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 ...

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School’s misconduct procedures did not violate due process (access required)

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 ...

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No qualified immunity in malicious prosecution case (access required)

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  ...

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No immunity for prison officials over inadequate medical care (access required)

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 ...

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Prosecutor’s press conference did not violate patient’s rights (access required)

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 ...

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No qualified immunity for actions leading to false convictions (access required)

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 ...

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Police not liable for failing to intervene during ‘Unite the Right’ rally (access required)

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 ...

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No qualified immunity for officer on constitutional deprivation claims (access required)

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, ...

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