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Tag Archives: Civil Rights

4th Cir.: Termination unrelated to offensive comments (access required)

Despite his supervisor’s racially-tinged comments, a VDOT employee’s termination was not plausibly connected to racial or religious discrimination but was instead the result of unsatisfactory performance. Background Appellant Sinan Rayyan is a Muslim Arab-American who worked as a professional engineer ...

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WDVA: Prior indecent exposure not per se threat to safety (access required)

An apartment management company could not categorically deny tenancy to an applicant with a prior conviction for indecent exposure, stemming from a period where he was not on medication for a mental-health condition. Background In 2016, Plaintiff Annette Simmons requested ...

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Va. Beach student merits private placement, fees (access required)

The court upheld an administrative decision finding that Virginia Beach city schools had failed to provide appropriate education to a special-needs child for multiple years and, accordingly, her family was entitled to reimbursement for private placement as well as attorney ...

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Even without animus requirement, FHA claim fails (access required)

The court held that a nonprofit group providing housing assistance did not fail to make reasonable accommodations and/or housing modifications at the request of a client who requested wheelchair-accessibility construction. Plaintiff Veda Evans is a disabled mother of three young ...

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Eighth Amendment – Jury Instructions – Intentional Actions (access required)

In this case involving a prisoner who was attacked and injured by another inmate, the district court instructed the jury, “Deliberate indifference is established only if the defendants . . . had actual knowledge of a substantial risk that Anderson ...

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Invasion of Privacy – Teen Sexting – Warrant – Forced Masturbation (access required)

Sims v. Labowitz (VLW No. 017-2-209, 30 pp.) (Keenan, J.) (King, J., dissenting) 16-2174; USDC at Alexandria. (Hilton, S.J.) 4th Cir. Holding: In a child pornography case involving teen sexting, a police detective consulted with an assistant prosecutor and obtained ...

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Due Process – Equal Protection – No Fly List (access required)

Elhady v. Piehota (VLW No. 017-3-448, 20 pp.) (Trenga, J.) 1:16-cv-375; E.D.Va. Holding: Plaintiffs are 25 United States citizens, all Muslim, who claim they are included on the government’s terrorist watch list and contend that this status subjects them to ...

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Sovereign Immunity – Eleventh Amendment – Age Discrimination (access required)

Drewery v. Portsmouth City School Board (VLW No. 017-3-451, 14 pp.) (Smith, C.J.) 2:17-cv-20; E.D. Va. Holding:  For purposes of sovereign immunity, Virginia school boards act as independent local government agencies, not as arms of the state, and thus are ...

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