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Tag Archives: Eighth Amendment

WDVA: Jail employee owes inmate $700k+ for sexual assaults

In a § 1983 action by a former jail inmate, default judgment was granted against a jail employee who failed to appear despite being properly served. The court found that the employee sexually assaulted and raped the inmate and, after ...

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4th Cir.: “Habitual drunkard” interdiction laws upheld

A district court properly dismissed constitutional challenges to Virginia’s civil interdiction process, which can lead to criminal penalties for possession, consumption, or purchase of alcoholic beverages by individuals subject to a civil interdiction order. Background Virginia regulates the consumption, purchase, ...

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WDVA: Prisoner’s dim-lighting claim can proceed to discovery

An inmate’s claim that officials at Green Rock Correctional Center violated his Eighth Amendment rights by keeping cell lights off for 23 hours per day survived a motion to dismiss. Other claims, including the inmate’s assignment to a top bunk ...

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EDVA: Solitary confinement was cruel and unusual

The Department of Corrections was enjoined from reverting back to solitary-confinement conditions for Virginia death-row inmates prior to 2015, as such conditions violate the Eighth Amendment. Background Plaintiffs Thomas Porter, Anthony Juniper, and Mark Lawlor have been convicted of capital ...

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EDVA: Solitary confinement was cruel and unusual

The Eastern District enjoined the Department of Corrections from reverting back to solitary-confinement conditions for Virginia death-row inmates prior to 2015, as such conditions violate the Eighth Amendment. Background Plaintiffs Thomas Porter, Anthony Juniper, and Mark Lawlor have been convicted ...

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