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Tag Archives: Constitutional

WDVA: Student denied leave to proceed as “John Doe” (access required)

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 ...

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4th Cir.: Exclusionary rule applies only after egregious conduct (access required)

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 ...

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EDVA: Firearm discovered in Terry stop suppressed (access required)

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 ...

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Va. Cir.: Interstate extradition documents proper (access required)

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 ...

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4th Cir.: Students show injury from SC school-disturbance law (access required)

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 ...

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EDVA: Confinement was not contrary to sentencing order (access required)

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 ...

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EDVA: Police threats implied custody, triggered Miranda (access required)

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 ...

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EDVA: Accused student alleges viable gender-discrimination claim (access required)

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 ...

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WDVA: Inmate’s excessive force claims proceed to trial (access required)

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 ...

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