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Tag Archives: Civil Rights

Roanoke police officer immune in Walmart arrest (access required)

Where the officer had a reasonable basis to believe a man had committed or was committing a battery upon Walmart employees, qualified immunity operated to bar  false arrest, malicious prosecution and excessive force claims. Background Jeremiah Henderson filed this civil ...

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Fictional TV dialogue struck from wrongful death complaint (access required)

Where immaterial and impertinent fictional dialogue from a television program depicting police misconduct could cause confusion between fictional events and the real facts and claims, the dialogue was stricken from the complaint as it could prejudice police officer defendants in ...

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No immunity for officer who charged wrong suspect (access required)

A Pulaski County sheriff’s deputy does not have qualified immunity in a civil rights lawsuit filed by a woman he mistakenly charged with felony drug distribution, a federal judge has ruled. The woman contends the deputy lacked probable cause because ...

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Summary judgment wrongly granted in jail segregation case (access required)

Where the inmate plausibly suggested he was placed in administrative segregation for impermissible reasons the day after he accused a corrections officer of sexual assault and argued his segregation was arbitrary, it was improper to grant summary judgment to the ...

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Student who withdrew from VMI can’t bring hazing suit (access required)

Where a former student at Virginia Military Institute alleged he was the victim of a hazing incident, he lacked standing to pursue injunctive claims because he had voluntarily withdrawn from the school, making any allegation of future harm speculative. Background ...

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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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