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Tag Archives: Constitutional

Wedding venue’s challenge to COVID-19 order rejected (access required)

Where a wedding venue was unlikely to succeed on its claim that the governor’s COVID-19 order preventing wedding venues from nonreligious ceremonies with more than 25 attendees violated its First Amendment and equal protection rights, its motion for a preliminary ...

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‘Bivens’ not extended to  retaliation claim (access required)

Where other remedies are available to an inmate claiming prison officials violated his First Amendment rights by retaliating against him for filing grievances, allowing a Bivens remedy could lead to an intolerable level of judicial intrusion into an issue best ...

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Exclusion of LGBTQ essay did not violate free speech (access required)

Where an elementary school principal omitted a fourth grader’s essay on LGBTQ equality from a student booklet because the material was not age-appropriate, she did not violate the First Amendment as her decision was reasonably related to legitimate pedagogical concerns ...

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Winner on injunction not a ‘prevailing party’ (access required)

Although the plaintiffs obtained a preliminary injunction enjoining a Virginia statute that automatically suspended drivers’ licenses when persons failed to pay their court debt, and the statute was subsequently repealed by the General Assembly, their request as prevailing parties for ...

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School board sued for deleting info from Facebook (access required)

Where the Frederick County School Board, or FCSB, and its head of communications failed to dismiss claims alleging they deleted critical comments from a student’s mother about the district’s reopening plans and mask mandates, and then told the mother she ...

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Church’s suit challenging COVID-19 orders is dismissed (access required)

Where executive orders issued to combat the spread of  COVID-19 were no longer in effect, the Virginia governor did not enforce the orders and the commonwealth had not consented to suit in federal court, a church’s challenge to the orders ...

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Prison must provide deaf inmate with access to video calls (access required)

Where the record showed a deaf inmate could not communicate in writing because of his lack of English proficiency, that point-to-point videophone calls would not have a “ripple effect” on fellow inmates or prison staff, and that the prison could ...

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Trump immigration order was based on legitimate concerns (access required)

A Trump immigration order, Proclamation 9645, was facially legitimate in that it restricted entry for national security, and not religious, reasons, and there was persuasive evidence the entry suspension had a legitimate grounding in national security concerns. The International Refugee ...

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