Where an investigator with the sheriff’s office did not cause arrest warrants on dog theft and obstruction of justice charges to be issued he was insulated from liability. And where he relied on the opinion of the commonwealth’s attorney and ...

Tagged with: Civil Rights Judge Michael F. Urbanski U.S. District Court - Western District

Where a woman had complained about a Spotsylvania County Deputy Sheriff, and the deputy sheriff later promised to buy another deputy lunch if he issued a ticket to the woman, the deputy sheriff was not entitled to qualified immunity because ...

Tagged with: Civil Rights Judge David J. Novak U.S. District Court - Eastern District

When one thinks of civil rights leaders, Rosa Parks and Martin Luther King Jr. are often among the first names to come to mind. Virginia lawyers know two other names that belong at the top of the list. On Feb. ...

Tagged with: Civil Rights Oliver W. Hill Spottswood W. Robinson III

Where the trial court’s finding that a defendant encouraged a hospital patient to attack the plaintiff was based on its credibility determination of the witnesses, it was affirmed. But where the doctor’s decision regarding treatment was based on his professional ...

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

Where corrections officials who were tipped off that an inmate with a history of attempting to smuggle contraband into prison might be planning to do it again stripped searched his visitor, the search was upheld because the officials, who witnessed ...

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

An officer who shot a privately owned dog during the course of assisting with an arrest warrant lost his bid for dismissal and qualified immunity. Although the court had not previously held that it is unreasonable for a police officer ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Roger L. Gregory

The circuit court erred by striking plaintiff’s claims of excessive force, false arrest and illegal search against defendant police officer on the basis of sovereign and qualified immunity. Defendant did not challenge the jury’s findings that he was liable for ...

Tagged with: Chief Justice Donald W. Lemons Civil Rights Supreme Court of Virginia

Where a man sued an arresting officer for excessive force based on injuries allegedly suffered in July 2015, the suit was dismissed because it was filed beyond the two years applicable to § 1983 claims in Virginia. Background On July ...

Tagged with: Civil Rights Judge Jackson L. Kiser U.S. District Court - Western District

Even without binding authority in the circuit on the circumstances, a federal appeals panel has denied qualified immunity for a police officer who shot and killed a citizen’s dog when the dog allegedly posed no threat. “Police can’t kill pets ...

Tagged with: Civil Rights

A former police officer already found liable for false arrest faces additional exposure for civil rights violations based on injuries inflicted in a Petersburg traffic stop, under a Virginia Supreme Court ruling. A jury verdict on assault, battery and malicious ...

Tagged with: Civil Rights Supreme Court of Virginia News