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Tag Archives: Constitutional

CAV: Contempt upheld for “junk” storage in backyard (access required)

A court order requiring a property owner to cure residential zoning violations gave him sufficient notice that he must remove “junk” not only from his front and side yards but also from his back yard. Background In April 2005, Henrico ...

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4th Cir.: Fired officers’ due process claims can proceed (access required)

Under clearly established law, publication of public safety officers’ allegedly defamatory termination letters to the media before holding a name-clearing hearing supported the officers’ claims of due process violations. Background During the summer of 2014, Officers with the Bald Head ...

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WDVA: No sovereign immunity in tax-lien discharge suit (access required)

A bank’s suit seeking a determination that tax liens against a foreclosed property must be discharged was a quiet title action for which the United States has waived sovereign immunity. Background The Knapps, who owned real property in Richlands, Virginia, ...

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WDVA: State defendants not liable for “Unite the Right” inaction (access required)

A Charlottesville counter-protester who claimed law enforcement stood by and watched white nationalist protesters assault him and others had no constitutional right to have officers intervene in the third-party misconduct. Background In response to Charlottesville’s renaming of Lee Park, Jason ...

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4th Cir.: Faulty permit filings foreclosed property interest (access required)

When a BMW store applied for a renovation permit but then performed a demolition instead, the City of Rockville, Maryland, revoked the previously-granted permit. The company’s initial permit applications contained material misrepresentations, so it had no property interest that could ...

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SCOTUS: Warrantless vehicle searches limited within curtilage (access required)

The automobile exception to the Fourth Amendment does not permit a police officer, uninvited and without a warrant, to enter the curtilage of a home in order to search a vehicle parked therein. Background Albemarle Police Officer McCall saw the ...

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EDVA: Title IX prohibits transgender discrimination (access required)

Gavin Grimm, who attended a Virginia public high school and was prohibited from using the boys’ bathroom because he was identified as female at birth, sufficiently alleged discrimination claims against the school under both Title IX and the Equal Protection ...

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EDVA: Fees awarded in Va. Beach neighborhood suit (access required)

Waterfront property owners who brought a groundless claim against their neighbor for working as a state agent to create a special tax district are liable for his attorneys’ fees. Background In this action, the Plaintiffs allege that Defendant Frank Gurdziel ...

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4th Cir.: Court debtors’ challenge to driving suspension remanded (access required)

This case arises out of a constitutional challenge to Virginia Code § 46.2-395, pursuant to which anyone who fails to pay court costs or fines imposed after a conviction is subject to suspension of his or her driver’s license. The ...

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