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Tag Archives: Constitutional

Challenge to abortion restrictions move forward (access required)

Both parties’ motions for summary judgment were denied as there are disputed issues of material fact over the impact of multiple restrictions on the location of abortions and regulation of facilities. However, the terms “hospital” and “second trimester” are not ...

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Court erred in review of student’s disciplinary matter (access required)

Where a school board disciplined a student for nonconsensual sexual touching of three other students, the circuit court erred by vacating the board’s decision. The circuit court misapplied governing legal standards and misinterpreted the record of the disciplinary proceedings, rules ...

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No forfeiture of $53K truck for $200 drug deal (access required)

The civil forfeiture of a truck valued at $53,000 that was used to unlawfully distribute $200 worth of cocaine would violate the Excessive Fines Clause of the Eighth Amendment and 14th Amendment’s Due Process Clause. Overview In the underlying criminal ...

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Death row confinement violates Eighth Amendment (access required)

Where Virginia’s death row inmates were subject to confinement conditions that posed a substantial risk of serious psychological and emotional harm when they first filed their lawsuit, but changes made while the lawsuit was pending ended any Eighth Amendment violation, ...

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