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Tag Archives: Civil Rights

4th Cir.: Students show injury from SC school-disturbance law (access required)

Students’ fear of future arrest for violating vague school-conduct statutes was sufficiently well-founded to constitute an injury-in-fact and support their standing to challenge the laws’ constitutionality. Background In this case, a group of former and current South Carolina students has ...

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EDVA: Accused student alleges viable gender-discrimination claim (access required)

A former Marymount University student, who the University found guilty of sexually assaulting another student, stated a valid “erroneous-outcome” claim against the University for its adjudication of the accusation, which he said was marred by procedural defects designed to discriminate ...

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4th Cir.: Injunction denial required specific findings (access required)

Appellant Douglas A. Hoglan, a Virginia inmate, appeals the district court’s order denying his motion for a preliminary injunction to stop the enforcement of certain provisions governing incoming prisoner mail. In particular, Hoglan challenges the institutional requirement that images with ...

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EDVA: Separation was due to absences, not disability (access required)

Although the plaintiff’s employment was terminated a matter of days after she disclosed her disability, her much-longer history of excessive absences — unrelated to her disability — constituted a legitimate, nondiscriminatory reason for separation. Background On April 22, 2013, Plaintiff ...

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4th Cir.: Agency head has qualified, not absolute, immunity (access required)

The former head of a Virginia agency, sued in her personal capacity for failure to manage patient intake at state mental health hospitals, was entitled to qualified immunity because prisons are not per se unable to safely care for mentally ...

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WDVA: Jury to consider hostile-work-environment claim (access required)

An African-American employee, fired based on her employer’s reasonable belief that she had mishandled company funds, can proceed to trial on her claim of hostile work environment based on both race and sex, despite evidence that she failed to disclose ...

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4th Cir.: Appellate fee-shifting reversed in gerrymander case (access required)

Following a 2012 challenge to Virginia’s district lines, U.S. Congress members who intervened and drove extensive appellate litigation were not liable for any of the prevailing plaintiffs’ $1.35 million in attorneys’ fees. Appellate fees also were not shifted to the ...

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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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