Asserting due-process claims after his school disciplined him for cheating, the plaintiff couldn’t use a pseudonym because his potential embarrassment did not outweigh the court’s presumption of openness. Background The plaintiff is a currently a senior at Defendant Virginia Polytechnic ...

Tagged with: Civil Procedure Constitutional Due Process Judge Robert S. Ballou U.S. District Court - Western District

In civil deportation proceedings, the exclusionary rule’s predicate of “egregious” – not merely unreasonable – Fourth Amendment violations by federal officers also applies to conduct by state and local officers. Background In 2009, Maryland Transportation Authority Police Officer Acker stopped ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Constitutional Immigration Judge Diana Gribbon Motz Search & Seizure

Police responding to gunfire in a Richmond neighborhood unreasonably detained a group of men walking away from where they heard shots. As a result, a firearm discovered after police detained the defendant was suppressed. Background Defendant Billy Curry was indicted ...

Tagged with: Constitutional Criminal Judge M. Hannah Lauck Search & Seizure U.S. District Court - Eastern District

A defendant who, at the request of the Commonwealth, appeared for his trial in jail attire and shackles should have been permitted to ask the jury during voir dire if his attire biased them. Not allowing the question was reversible ...

Tagged with: Constitutional Criminal Judge William G. Petty Jury Virginia Court of Appeals

A habeas petitioner, wanted in California on charges of conspiracy to commit murder, was subject to extradition based on proper authorization and identification contained in California’s documents requesting such extradition from Virginia. The petitioner will remain detained pending appeal. Background ...

Tagged with: Constitutional Criminal Fairfax County Circuit Court Judge David Bernhard

Students’ fear of future arrest for violating vague school-conduct statutes was sufficiently well-founded to constitute an injury-in-fact and support their standing to challenge the laws’ constitutionality. Background In this case, a group of former and current South Carolina students has ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Procedure Civil Rights Constitutional Judge Albert Diaz

A felon convicted in Richmond Circuit Court did not suffer cognizable violations of his constitutional rights when he was confined in jail, rather than by home electronic monitoring as he believed his sentence directed. Background Plaintiff Roy Black was convicted ...

Tagged with: Constitutional Criminal Judge Henry E. Hudson Sentencing U.S. District Court - Eastern District

A drug-trafficking defendant’s conversation with police officers was custodial when police repeatedly implied that they would arrest him that day if he didn’t become an informant, causing him to lose his job. Because these threats constituted a custodial interrogation without ...

Tagged with: Constitutional Criminal Fifth Amendment Judge Robert E. Payne U.S. District Court - Eastern District

A former Marymount University student, who the University found guilty of sexually assaulting another student, stated a valid “erroneous-outcome” claim against the University for its adjudication of the accusation, which he said was marred by procedural defects designed to discriminate ...

Tagged with: Civil Rights Constitutional Education Judge T.S. Ellis III U.S. District Court - Eastern District

Genuine disputes of material fact existed as to whether corrections staff assaulted an inmate and denied him due process before placing him in five-point restraints for 22 hours. However, the inmate could not offer facts allowing a reasonable factfinder to ...

Tagged with: Constitutional Judge Norman K. Moon Search & Seizure U.S. District Court - Western District