Quantcast

Tag Archives: Civil Rights

Claim over treatment of skin condition goes to jury (access required)

The court denied  a jail’s summary judgment motion on an inmate’s claims that his skin irritation was a serious medical need and the nurses were deliberately indifferent to his condition. Background Toby Joe Barley, a Virginia inmate proceeding pro se, ...

Read More »

Plaintiffs lack standing in suit arising out of trespass conviction at school (access required)

Plaintiffs were convicted of trespass in state court after they refused to leave the school premises. They then filed this complaint. The court held they lacked standing over several claims, should abstain from deciding others, and would decline the state ...

Read More »

Parents need to clarify claims in school board suit to recover fees (access required)

Plaintiffs, parents of a minor child, sued to recover the fees and costs they incurred in successfully prevailing in a school proceeding involving discipline of their child. An individual who assisted plaintiffs in that proceeding moved to intervene in the ...

Read More »

Denial of Muslim meal prompts First Amendment claim (access required)

Plaintiff, a Muslim inmate, alleged prison officials violated his rights under the Religious Land Use and Institutionalized Persons Act and the First Amendment’s Free Exercise Clause by denying him a Muslim meal. Although the court dismissed several claims, it held ...

Read More »

Strip-search of visitor to prison was reasonable (access required)

Where prison officials had a tip that a prisoner was smuggling contraband into the prison and a visitor’s gestures and mannerisms were nervous, a strip-search of the visitor was reasonable. Background Angela Calloway was strip-searched during the course of visiting ...

Read More »

WDVA: Obscene gesture at officer no grounds for stop (access required)

A plaintiff can proceed to trial on his claim under 42 U.S.C. § 1983 that a sheriff’s deputy initiated a traffic stop without probable cause. The deputy’s explanation that the plaintiff made a concerning gesture was not constitutionally sufficient. Background ...

Read More »

WDVA: Corrections’ experts not qualified on adequacy of care (access required)

A former inmate asserting he didn’t receive adequate mental health care during his incarceration was successful in seeking to limit trial testimony from certain Department of Corrections experts. Two current Department employees were qualified to opine on whether the plaintiff’s ...

Read More »

WDVA: Despite firing harasser, employer could be liable (access required)

A plaintiff’s hostile-work-environment claim against his employers can proceed to trial. The plaintiff presented evidence of severe and pervasive harassing conduct based on sex, with no response by their supervisor. Despite firing both the harasser and the supervisor, the defendants ...

Read More »

WDVA: Jail employee owes inmate $700k+ for sexual assaults (access required)

In a § 1983 action by a former jail inmate, default judgment was granted against a jail employee who failed to appear despite being properly served. The court found that the employee sexually assaulted and raped the inmate and, after ...

Read More »