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Tag Archives: Civil Rights

Correctional center gave constitutionally inadequate medical care (access required)

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 ...

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Statute tolled on 1983 claim while remedies are exhausted (access required)

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 ...

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City loses bid to dismiss suit by parents of shooting victim (access required)

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 ...

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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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