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Tag Archives: Civil Rights

Advice of counsel sinks malicious prosecution (access required)

Where an Alleghany County Sheriff’s Department’s sergeant relied on advice from the commonwealth’s attorney and findings of probable cause by a neutral magistrate in seeking arrest warrants, qualified immunity barred the § 1983 malicious prosecution claims. Background S. Travis Shrewsbury ...

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Officer lacked reasonable suspicion for stop (access required)

Where a Stafford County deputy initially offered to assist the plaintiff with his disabled vehicle, but then demanded the plaintiff produce identification, that demand converted the voluntary encounter into an investigatory stop for which the officer lacked reasonable suspicion of ...

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No evidence that police fabricated evidence  (access required)

An individual who was acquitted of violating a Virginia law preventing non-citizens from owning a semiautomatic weapon with a magazine which holds more than 20 rounds of ammunition failed to show the police fabricated evidence during their criminal investigation. As ...

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Officer sued for excessive force after striking plaintiff (access required)

Where a Chesterfield county police officer executed a closed-handed strike to a driver’s face during a traffic stop, the driver’s excessive force claim survived the motion to dismiss as the crime was a misdemeanor, the driver posed no immediate threat ...

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Lifetime sex offender registration order bars gun ownership (access required)

Where petitioner was convicted of a sex crime that requires him to permanently register as a sex offender, the requirement precludes the restoration of his firearm rights. Background After a plea-based conviction of taking incident liberties with a child, petitioner ...

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Student’s bias claims against college over alleged harassment fails (access required)

A former student’s claim that Lees-McRae College did not sufficiently protect her against sex-based verbal harassment and other conduct was dismissed because the conduct, though “unsettling,” did not rise to the level of “severe or pervasive.” Moreover, the college took ...

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