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, ...

Tagged with: 4th U.S. Circuit Court of Appeals Constitutional Due Process Eighth Amendment Equal Protection Fourteenth Amendment Judge J. Harvie Wilkinson III

A vehicle owner served with a notice of violation, which cited a no-stop right turn on red with photo and video evidence, did not show that her constitutional rights were violated either by the city red-light-camera ordinance or its authorizing ...

Tagged with: Constitutional Due Process Equal Protection Fairfax County Circuit Court Judge Randy I. Bellows Municipal Traffic Virginia Circuit Courts

Race predominated over traditional districting factors in construction of 11 challenged Virginia House of Delegates districts. This use of race was not narrowly tailored to achieve the interest of complying with the Voting Rights Act. Thus, the district divisions are ...

Tagged with: Civil Rights Constitutional Elections Equal Protection Judge Barbara Milano Keenan Judge Panel U.S. District Court - Eastern District

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 ...

Tagged with: Constitutional Equal Protection Fourteenth Amendment Judge Norman K. Moon U.S. District Court - Western District

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 ...

Tagged with: Civil Rights Constitutional Education Equal Protection Judge Arenda L. Wright Allen Municipal U.S. District Court - Eastern District

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Procedure Constitutional Due Process Equal Protection Judge Henry F. Floyd

A law student who was denied testing accommodations by the Virginia Board of Bar Examiners should have sought state-court review. In addition, the Board was immune from the disability claims, and the student failed to state a Fourteenth Amendment claim. ...

Tagged with: Administrative Attorneys Civil Rights Disability Equal Protection Fourteenth Amendment Judge Henry E. Hudson U.S. District Court - Eastern District

Plaintiffs who sued a police officer for discriminatory traffic stops could not prove their selective-enforcement claim with statistics that failed to establish true comparator groups and to incorporate interracial base rates for committing the offenses at issue. Background Plaintiff Rodney ...

Tagged with: Civil Rights Constitutional Equal Protection Evidence Judge Norman K. Moon U.S. District Court - Western District

Following a 2012 challenge to Virginia’s district lines, U.S. Congress members who intervened and drove extensive appellate litigation were not liable for any of the prevailing plaintiffs’ $1.35 million in attorneys’ fees. Appellate fees also were not shifted to the ...

Tagged with: 4th U.S. Circuit Court of Appeals Attorneys Fees Civil Practice Civil Rights Constitutional Elections Equal Protection Judge Paul V. Niemeyer