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Tag Archives: Judge Allison Jones Rushing

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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Permit requirement insufficient for traffic stop (access required)

Although regulations prohibit “commercial vehicles” from driving on the George Washington Parkway unless authorized by permit, the mere fact the defendant was driving a commercial vehicle on the parkway did not provide a basis to stop his vehicle. The marijuana ...

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Juvenility considered in imposing life sentence (access required)

After the defendant was sentenced to life without parole for crimes committed when he was 17, the Supreme Court held that, when sentencing a minor to life without parole, the court must consider the defendant’s “youth and attendant characteristics.” Because ...

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FBI’s two-step interview did not violate ‘Miranda’ (access required)

Where an FBI attaché interviewed the defendant about his association with the Islamic State of Iraq without providing him Miranda warnings, and a different team of FBI agents interviewed him 10 days later after giving Miranda warnings, there was no ...

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Claim not cognizable under Equal Protection Clause (access required)

Where a former deputy commonwealth’s attorney brought a claim under the 14th  Amendment’s Equal Protection Clause claiming she was fired in retaliation for reporting alleged sex discrimination, her claim was dismissed because the Equal Protection Clause cannot sustain a pure ...

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Stop of defendant supported by reasonable suspicion (access required)

The stop of the defendant after a bar brawl was supported by multiple elements, including a tip from a witness describing a person with a gun, with a physical description matching the defendant, in a known problem area. Background Shortly ...

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