Where a man alleged Buchanan County deputies punched him with a closed fist, slammed his head into a door frame and attempted to choke him, and that he did not pose a threat at the time, the deputies’ qualified immunity ...

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

Where a detainee requested access to electronic legal research 24 hours a day, seven days a week, for use in his civil rights suit, his request was denied. He failed to show that lack of constant access to legal research ...

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

Where there were disputed facts over whether a law enforcement officer used excessive force in fatally shooting an individual carrying a loaded shotgun, the officer is denied summary judgment based on qualified immunity. Background In the course of responding to ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Judge G. Steven Agee

Where a man’s wife called 911 after receiving several disturbing text messages from him, including that he had a gun in his mouth and was “going to end this,” the police found at least one firearm while searching his home ...

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

Where a high school student alleged that he was suspended after expressing non-threatening factual views about a school shooting in Florida, the district court erred in dismissing his First Amendment claim. Schools cannot silence such student speech simply because it ...

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

Where the parents of children with disabilities that put them at significant health risk should they contract COVID-19 showed they would be irreparably harmed if local school districts could not consider their individualized request for masking, the governor and other ...

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

Where Rob Schilling, a Republican radio host, alleged that Albermarle County election officials attempted to prevent him from voting in the June 2021 Democratic primary because of his criticism of the county board of supervisors, his § 1983 and state-law ...

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

Where a prison official allegedly assigned a detainee to a cell shared by a violent gang member, even though the detainee asked to be housed with a cellmate who is not affiliated with a gang, that determination, by itself, didn’t ...

Tagged with: Civil Rights Judge Michael F. Urbanski U.S. District Court - Western District

Where the plaintiff sued various police officials for violating his Fourth Amendment right to be free of unreasonable seizures, but the record showed there was probable cause to arrest him, his Fourth Amendment claims were dismissed. Background In the early ...

Tagged with: Civil Rights Judge Thomas T. Cullen U.S. District Court - Western District

Where a Walmart shopper alleged his procedural due process rights were violated when a City of Roanoke officer banned him from the store, but state and local statutes did not create a constitutionally protected liberty interest because they didn’t place ...

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