Where the charges against the plaintiff, who maintained his innocence in a missing person’s case, were ultimately dropped after he was arrested, extradited from Virginia to North Carolina and held in jail, his suit against various officials and entities for ...

Tagged with: Judge Henry E. Hudson Tort U.S. District Court - Eastern District

Although the Virginia Department of Health argued a second failure-to-accommodate suit by an employee with cerebral palsy was barred by a prior release and settlement, or because the proposed accommodation was unreasonable, these arguments were rejected at the motion to ...

Tagged with: Employment Discrimination Judge Henry E. Hudson U.S. District Court - Eastern District

Although a Virginia State University student alleged his gender was the reason why he was disciplined, he was differently situated than the female students involved in the alleged misconduct and he failed to plead facts demonstrating a discriminatory animus or ...

Tagged with: Civil Rights Judge Henry E. Hudson U.S. District Court - Eastern District

Where a police officer might have been negligent in not reviewing certain records before submitting an affidavit in support of a search warrant, because there was no evidence the error was knowing or intentional and because the affidavit was otherwise ...

Tagged with: Criminal Judge Henry E. Hudson U.S. District Court - Eastern District

Where plaintiffs in a civil rights case sued an incorrect party, otherwise failed to state a claim and included two defendants who were entitled to immunity, the federal claims were dismissed and the court declined to exercise supplemental jurisdiction over ...

Tagged with: Judge Henry E. Hudson Tort U.S. District Court - Eastern District

Where an alien indicted for being in the United States without permission argued that the absence of the phrase “voluntary reentry” in 8 U.S.C.  § 1326(a) renders the provision unconstitutional, specific knowledge of a deportation order is a prerequisite to ...

Tagged with: Criminal Judge Henry E. Hudson U.S. District Court - Eastern District

Where a servicemember’s claim was brought under Virginia’s codification of the Servicemembers Civil Relief Act, or SCRA, resolution of that claim did not involve federal law as to provide federal question jurisdiction. Background This is a civil action alleging a ...

Tagged with: Employment Judge Henry E. Hudson U.S. District Court - Eastern District

Although two provisions of Virginia’s abortion statutes and regulations were invalidated or enjoined, the remaining provisions were upheld because they did not unduly burden a woman’s right to choose to have an abortion. Background At issue in this case is ...

Tagged with: Constitutional Judge Henry E. Hudson U.S. District Court - Eastern District

The combination of the police officer’s knowledge that the defendant might have been engaged in criminal conduct and defendant’s reaction when he encountered the police, provided a basis for the search that resulted in the discovery of a firearm. Background ...

Tagged with: Criminal Judge Henry E. Hudson U.S. District Court - Eastern District

Where a developer created software to automate government defense contract review and the government later worked with a private company to create a derivative work using the software’s source code, the developer was barred from suing the company for copyright ...

Tagged with: Intellectual Property Judge Henry E. Hudson U.S. District Court - Eastern District