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Tag Archives: Constitutional

Locality may be held liable for enforcing state statute (access required)

In a case of first impression, the court held a local government’s policy of enforcing state law renders it susceptible to Monell liability if the municipal policymaker made a meaningful and conscious choice that caused a constitutional injury. Because the ...

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Virginia Beach ‘at large’ elections discriminatory (access required)

Where a coalition of Black, Latino and Asian American plaintiffs established that  the minority community has less opportunity than other members of the electorate to participate in the political process and elect their preferred candidates under Virginia Beach’s at large ...

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Wedding venue’s challenge to COVID-19 order rejected (access required)

Where a wedding venue was unlikely to succeed on its claim that the governor’s COVID-19 order preventing wedding venues from nonreligious ceremonies with more than 25 attendees violated its First Amendment and equal protection rights, its motion for a preliminary ...

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‘Bivens’ not extended to  retaliation claim (access required)

Where other remedies are available to an inmate claiming prison officials violated his First Amendment rights by retaliating against him for filing grievances, allowing a Bivens remedy could lead to an intolerable level of judicial intrusion into an issue best ...

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Exclusion of LGBTQ essay did not violate free speech (access required)

Where an elementary school principal omitted a fourth grader’s essay on LGBTQ equality from a student booklet because the material was not age-appropriate, she did not violate the First Amendment as her decision was reasonably related to legitimate pedagogical concerns ...

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Winner on injunction not a ‘prevailing party’ (access required)

Although the plaintiffs obtained a preliminary injunction enjoining a Virginia statute that automatically suspended drivers’ licenses when persons failed to pay their court debt, and the statute was subsequently repealed by the General Assembly, their request as prevailing parties for ...

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School board sued for deleting info from Facebook (access required)

Where the Frederick County School Board, or FCSB, and its head of communications failed to dismiss claims alleging they deleted critical comments from a student’s mother about the district’s reopening plans and mask mandates, and then told the mother she ...

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