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Tag Archives: Constitutional

No right for media to witness pre-execution steps (access required)

Although news organizations sought access to entire execution proceedings, the First Amendment does not support their argument that they must be allowed to witness the steps that precede an actual execution. Background The plaintiffs are news organizations that investigate and ...

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Bus company must run animal welfare watchdog’s ads (access required)

The Greater Richmond Transit Company engaged in unconstitutional viewpoint discrimination by rejecting an animal welfare watchdog’s advertisement on political grounds, while accepting other political advertisements. Background This First Amendment action arises out of the refusal of Greater Richmond Transit Company, ...

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More than $930,000 in fees awarded in medical case (access required)

In litigation over adequate medical care to inmates at the Fluvanna Correctional Center for Women, the claimed fees were significantly reduced because of vague billing entries, duplicative efforts, overstaffing and excessive hours. Background This action is an Eighth Amendment class ...

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Nonprofit has standing to challenge military policies (access required)

A nonprofit that works with servicemembers who are LGBTQ+ and/or HIV positive had direct standing to challenge the military’s accession and retention policies that forced the  organization to divert resources from other programs and impaired its ability to carry out ...

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Gun rights suit related to COVID-19 improperly removed (access required)

Where gun rights advocates challenged the governor’s closure order issued in response to COVID-19 solely under the Virginia constitution, the defendant’s removal to federal court fails because the suit did not arise under federal law, even if the right to ...

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Statute precludes gun range closing under COVID-19 order (access required)

Where the governor’s executive order, issued under Code § 44-146.17 in response to the COVID-19 pandemic, ordered the closure of indoor gun ranges, the power to do so is limited by § 44-146.15(3), which provides that the governor’s emergency powers ...

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Legislators can’t remove gerrymander suit to federal court (access required)

North Carolina legislators who sued for alleged unconstitutional redistricting plans could not remove the suit to federal court under 28 U.S.C. § 1443. That provision applies only to executive officials charged with enforcing state laws who are sued for wrongful ...

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No immunity for officials sued over violation of firefighter’s rights (access required)

The Henrico County Fire Department officials are not entitled to qualified immunity for allegedly terminating a firefighter for attending an anti-Trump rally on her personal time. Her complaint plausibly alleged a violation of her First Amendment and due process rights, ...

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Vehicle stop for ‘flipping the bird’ is unconstitutional (access required)

Displaying the middle finger to a police officer was an insufficient reason for a vehicle stop, and where no other lawful reason for the stop existed, the officer was not entitled to immunity and judgment was entered in the passenger’s ...

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