Where a detainee alleged he sent eight emergency grievances complaining of hand and wrist injuries to the superintendent of the correctional facility, who responded with denials and inaction, the detainee’s deliberate indifference claim survived the motion to dismiss. Background In ...

Tagged with: Civil Rights Judge Henry E. Hudson U.S. District Court - Eastern District

Where a correctional officer who was sued for allegedly allowing her canine to bite a detainee after he complied with her orders argued that he failed to exhaust his administrative remedies, but there was a genuine issue of fact as ...

Tagged with: Civil Rights Judge Henry E. Hudson U.S. District Court - Eastern District

Where the evidence suggested the Health Service Director for the Virginia Department of Corrections, or VDOC, approved a decision to not provide dental care at a correctional facility, causing a detainee to suffer additional pain and his dental condition to ...

Tagged with: Civil Rights Judge Henry E. Hudson U.S. District Court - Eastern District

Where two brothers alleged that Spotsylvania County deputies routinely order citizens to identify themselves under threat of obstruction charges and then arrest those who refuse, like the brothers, their suit against the county sheriff survived a motion to dismiss. Background ...

Tagged with: Civil Rights Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where there were disputed facts over whether a decedent’s conduct provided justification for a state trooper to fire fatal shots, including the fact that the officer claimed the man turned toward him while raising his hands but the decedent was ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Julius N. Richardson

Where a police officer’s interlocutory appeal of an order denying her qualified immunity motion turned on a view of the facts contrary to that reached by the district court in evaluating her summary judgment motion, the appeal was dismissed because ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights

Where a Chesterfield County officer and a minor disputed the degree of force used during the minor’s arrest, and where the alleged force was excessive under the law, the officer’s qualified immunity motion was denied. Background William Chavis is an ...

Tagged with: Civil Rights Judge Robert E. Payne U.S. District Court - Eastern District

Where an army medic alleged that two police officers threatened to arrest him because of his speech, his First Amendment retaliation claim survived their motion to dismiss. Background This action arises from a traffic stop involving Caron Nazario and two ...

Tagged with: Civil Rights Judge Roderick C. Young U.S. District Court - Eastern District

Where a detainee alleged that a corrections officer said he was going to make the detainee’s life “hell” before invading his cell, deploying OC spray and “activating” the shield in his back while he lay wet on the shower floor, ...

Tagged with: Civil Rights Judge Thomas T. Cullen U.S. District Court - Western District

Where a detainee asserting a deliberate indifference claim failed to meet the deadline to file an expert report and his treating physicians failed to comply with the requirements of Rule 26(a)(2)(C), the expert and treating physicians were excluded from testifying ...

Tagged with: Civil Rights Judge Thomas T. Cullen U.S. District Court - Western District