Where a detainee alleged that the condition of her infected tooth was an objectively serious medical need, but that a nurse refused to prescribe the Penicillin ordered by the oral surgeon, she plausibly stated a claim for deliberate indifference. Background ...

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

Where a detainee who was violently assaulted by two other detainees alleged that he was incarcerated under conditions which posed a substantial risk of serious harm and that jail officials each acted with deliberate indifference to that risk, his claims ...

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

Where a former Washington and Lee student claimed he was the victim of sexual orientation and gender stereotyping discrimination, but his suit was filed more than two years after the alleged conduct, it was time barred. Background Jared Hester alleges ...

Tagged with: Civil Rights Judge Norman K. Moon U.S. District Court - Western District

Where the Social Security Administration, or SSA, disqualified an attorney from representing disability claimants before the agency because he had been disbarred by two state bars, and the attorney challenged that decision on multiple grounds, each of his challenges was ...

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

Where the mother of man who was fatally shot by Virginia state troopers after a high-speed chase sued the deputies involved in the shooting, her official capacity claims were dismissed. The Eleventh Amendment protects state officials acting in their official ...

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

Where the plaintiff was resisting arrest, directed vulgar threats towards a sheriff’s deputy and then shoved him to the ground, and the deputy reasonably perceived the plaintiff to be a threat, his use of a barehand takedown maneuver was rationally ...

Tagged with: Civil Rights Judge Elizabeth K. Dillon U.S. District Court - Western District

Where a man was actively resisting arrest and the officers reasonably believed he was reaching for a weapon, it was not unreasonable to place plaintiff on the ground to employ a device that immobilized his legs. Background Dedric Lattimore, brought ...

Tagged with: Civil Rights Judge Claude M. Hilton U.S. District Court - Eastern District

Where a driver and a police officer disputed whether the driver was resisting arrest during a traffic stop, the officer’s motion for summary judgment on the excessive force claim was denied. Background Jimmy Dean McCormick, a Virginia detainee proceeding pro ...

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

Where a former detainee alleged that a doctor and dentist delayed in administering prescribed medical treatment, his deliberate indifference claims survived their motion to dismiss. Because the detainee did not show that two nurses were deliberately indifferent, however, they were ...

Tagged with: Civil Rights Judge Norman K. Moon U.S. District Court - Western District

Where an individual was arrested for driving under the influence, but he claimed that he was suffering from a medical emergency at the time, no signs of drug or alcohol were apparent, he passed two breathalyzers and another motorist reported ...

Tagged with: Civil Rights Judge James P. Jones U.S. District Court - Western District