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Tag Archives: Civil Rights

Important Opinions January – December 2018 (access required)

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The “Important Opinions” that appear each week on the front page of Virginia Lawyers Weekly are those chosen by our editors as the most likely to impact law practice or a given subject area of law. Below is a listing, ...

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Deliberate indifference claim arising from overdose dismissed (access required)

The allegations did not support the conclusion the inmate’s need for medical attention was sufficiently obvious or that the defendants actually knew of and disregarded an excessive risk of serious harm. Background On July 25, 2016, a sheriff’s deputy found ...

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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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