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Tag Archives: Civil Rights

Demurrer to fair housing complaint overruled (access required)

The commonwealth has pleaded sufficient circumstantial allegations to establish a prima facie case of unfair housing discrimination. Defendant’s demurrer to the complaint is overruled Background Gilliard, who is Black, met with Fox, who is White and one of the defendants ...

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Advice of counsel sinks malicious prosecution (access required)

Where an Alleghany County Sheriff’s Department’s sergeant relied on advice from the commonwealth’s attorney and findings of probable cause by a neutral magistrate in seeking arrest warrants, qualified immunity barred the § 1983 malicious prosecution claims. Background S. Travis Shrewsbury ...

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Officer lacked reasonable suspicion for stop (access required)

Where a Stafford County deputy initially offered to assist the plaintiff with his disabled vehicle, but then demanded the plaintiff produce identification, that demand converted the voluntary encounter into an investigatory stop for which the officer lacked reasonable suspicion of ...

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No evidence that police fabricated evidence  (access required)

An individual who was acquitted of violating a Virginia law preventing non-citizens from owning a semiautomatic weapon with a magazine which holds more than 20 rounds of ammunition failed to show the police fabricated evidence during their criminal investigation. As ...

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Officer sued for excessive force after striking plaintiff (access required)

Where a Chesterfield county police officer executed a closed-handed strike to a driver’s face during a traffic stop, the driver’s excessive force claim survived the motion to dismiss as the crime was a misdemeanor, the driver posed no immediate threat ...

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