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Tag Archives: Constitutional

Colostomy alleviation was serious medical need (access required)

Given evidence that two prison doctors failed to address the plaintiff’s need for approved stoma reversal surgery, summary judgment in their favor on a federal prisoner’s Eighth Amendment claims was not merited. The plaintiff was appointed counsel as to claims ...

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CAV: Post-stop consent to search vehicle was valid (access required)

After being released with a verbal warning for a broken brake light and driving on a suspended license, a reasonable person in the defendant’s position would have felt free to leave. Therefore, his consent for a vehicle search was valid, ...

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CAV: Visiting house didn’t support probable cause for arrest (access required)

The circuit court did not err in suppressing evidence stemming from an arrest that lacked probable cause. Despite the defendant’s proximity to the house at the time of arrest, the fact that his mother and brother lived there, the fact ...

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CAV: No double jeopardy under new SCOTUS ruling (access required)

Like the petitioner in Currier v. Virginia, a defendant who voluntarily requested to sever and continue one of the charges against him for strategic reasons could not prevail on his claim that the second trial violated double jeopardy principles, either ...

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EDVA: Texas company’s purchase orders established “minimum contacts” (access required)

A out-of-state defendant is subject to the court’s jurisdiction, based on the numerous purchase orders (of large dollar value) that it placed with a Virginia health-care-products company. Background Plaintiff Belmora, a Virginia pharmaceutical company, is suing Defendant Midway Importing Inc. ...

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4th Cir.: Free expression not chilled by school’s initial inquiry (access required)

A university did not restrict or chill students’ speech by seeking their response to complaints that they had harassed others. The students, who’d sought and obtained university approval for a campus “Free Speech Event,” met with an official to discuss ...

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4th Cir.: No late substitute for unconstitutional predicate (access required)

After U.S. Supreme Court precedent invalidated one of the defendant’s three predicate convictions mandating a sentence enhancement under the Armed Career Criminal Act, his sentence could not be sustained by a “substitute” conviction that appeared on his pre-sentence report but ...

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WDVA: Jail employee owes inmate $700k+ for sexual assaults (access required)

In a § 1983 action by a former jail inmate, default judgment was granted against a jail employee who failed to appear despite being properly served. The court found that the employee sexually assaulted and raped the inmate and, after ...

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4th Cir.: “Habitual drunkard” interdiction laws upheld (access required)

A district court properly dismissed constitutional challenges to Virginia’s civil interdiction process, which can lead to criminal penalties for possession, consumption, or purchase of alcoholic beverages by individuals subject to a civil interdiction order. Background Virginia regulates the consumption, purchase, ...

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SCV: Church merger raised issues of contract, not religion (access required)

A circuit court had jurisdiction to decide a merger dispute between two churches. Resolution centered on the parties’ merger agreement, not their religious doctrines or other ecclesiastical questions. Background After falling behind on its mortgage payments, Pure Presbyterian Church of ...

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