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Tag Archives: Civil Rights

Plaintiff gets fees at local rates in discovery dispute (access required)

In awarding plaintiff reasonable fees for prevailing on a discovery dispute against the Virginia Department of Corrections, the court said the appropriate rate was that charged by counsel in the Western District of Virginia, Abingdon Division, because there was no ...

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Virginia not required to disclose execution information (access required)

The Virginia Department of Corrections is not required to respond to the parts of non-party discovery that would be irrelevant or unduly burdensome, including disclosing the supplier of the chemicals the department uses in carrying out executions or the identities ...

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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, ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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