Inmates at the correctional center and officials from the Virginia Department of Corrections previously reached a settlement agreement that sought to provide for constitutionally adequate medical care. The court concluded, however, that defendants breached that contract in material and significant ...

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

Students from the University of Virginia law school persuaded the court to join other circuits in holding the statute of limitations was equitably tolled during the period the prisoner was exhausting his administrative remedies, thus making his § 1983 excessive ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge Diana Gribbon Motz

The court held there were disputed issues of material fact on whether the class representative was the victim of excessive uses of force and regarding the circumstances of his room confinement. Background On Oct. 4, 2017, plaintiff John Doe 1 ...

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

The estate of an 18-year-old who was shot by an off-duty police officer plausibly alleged a claim against the City of Richmond and the officer under § 1983, because it contained sufficient allegations that the officer acted under color of ...

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

Where an inmate claims that the Virginia DNA Statute “sets the standard for post-conviction DNA testing so high that it” violates the 14th Amendment, the district court on remand is directed properly to analyze the procedural due process claims. Background ...

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

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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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 ...

Tagged with: Civil Rights Judge Glen E. Conrad U.S. District Court - Western District

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 ...

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

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 ...

Tagged with: Civil Rights Judge M. Hannah Lauck U.S. District Court - Eastern District

Where a large health clinic maintained a private police force, a janitor can proceed to discovery on his $ 1983 lawsuit against the clinic, his ex-employer. Background The amended complaint asserts that the plaintiff was employed by Carilion Clinic as ...

Tagged with: Civil Rights Judge Frederick P. Stamp U.S. District Court - Western District