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Tag Archives: Constitutional

Incumbent Protection Act struck down (access required)

Virginia’s Incumbent Protection Act’s burden on political parties’ associational rights is facially unconstitutional, the district court held. As a default rule, Virginia allows political parties to select their preferred nomination methods. However, Virginia’s Incumbent Protection Act, at Code § 24.2-509(B), ...

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Burden on Inmate’s Religious Rights Not Justified (access required)

The government was not entitled to summary judgment against an inmate who claimed that his religious freedom was violated, the appellate court held. Appellant Aaron Carter, a Virginia prisoner, follows dietary restrictions in accordance with his religion (Nation of Islam). ...

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Abortion Disclaimer Ordinance Violates First Amendment (access required)

The district court was correct to strike down a Baltimore ordinance requiring pregnancy centers that do not offer or refer for abortions to disclose that fact via waiting-room signage, the circuit court said. The Greater Baltimore Center for Pregnancy Concerns ...

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Eighth Amendment – ‘Rough Ride’ – Excessive Force – Deliberate Indifference (access required)

If, as the plaintiff-prisoner forecasts, prison guards gave him a “rough ride” in a prison van in order to teach him a lesson about filing grievances, then the driver used excessive force and the other guard was deliberately indifferent. The ...

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Fourth Amendment – Federal Rules of Criminal Procedure – Military Rule of Evidence 315(d) – Probable Cause – Exclusion – Good Faith Exception (access required)

U.S. v. Gregory Kyle Seerden (VLW 017-3-446,18pp.) (Raymond A. Jackson, J.) 2:17cv67; E.D. Va. Motion to suppress evidence obtained through search of cellular telephone following indictment on four counts related to child pornography. Holding: Where a first warrant for a ...

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