An inmate who was sentenced as an armed career criminal will be resentenced because under the Armed Career Criminal Act he no longer had three convictions for a violent felony and/or a serious drug offense. Background Clinton Lee Rumley was ...

Tagged with: Criminal Judge Jackson L. Kiser U.S. District Court - Western District

The court held that, to the extent the defendants failed to pay plaintiffs for covered damages, the claims sounded in contract, and could not be pursued in tort pursuant to Virginia’s “economic loss rule.” Background Plaintiffs Danville Commercial Industrial Storage ...

Tagged with: Insurance Judge Jackson L. Kiser U.S. District Court - Western District

A defendant who did not instruct his attorney to bring an appeal cannot later claim the attorney rendered ineffective assistance of counsel for not appealing his sentence. Background Petitioner was indicted in a 16-count indictment on Oct. 15, 2015. On ...

Tagged with: Criminal Judge Jackson L. Kiser U.S. District Court - Western District

A medical doctor alleges his employer discriminated and retaliated against him. The court held the complaint alleged only discrimination on the basis of immigration status, which is not a protected class. It further held the complaint did not plausibly allege ...

Tagged with: Employment Discrimination Judge Jackson L. Kiser U.S. District Court - Western District

A plaintiff can proceed to trial on his claim under 42 U.S.C. § 1983 that a sheriff’s deputy initiated a traffic stop without probable cause. The deputy’s explanation that the plaintiff made a concerning gesture was not constitutionally sufficient. Background ...

Tagged with: Civil Rights First Amendment Judge Jackson L. Kiser Search & Seizure U.S. District Court - Western District

Even if a litigious gadfly under police scrutiny gave the finger to a sheriff’s lieutenant, the lieutenant was not justified in stopping the car the man was in, according to a federal judge. A traffic stop merely for “gigging” an ...

Tagged with: Judge Jackson L. Kiser U.S. District Court - Western District

An inmate was entitled to partial injunctive relief related to his ongoing pain after another prisoner broke his jaw. Dental care to date has not ameliorated his pain or ability to chew food, and he is entitled to further evaluation. ...

Tagged with: Constitutional Judge Jackson L. Kiser Prisons & Jails U.S. District Court - Western District

A woman charged with theft after she refused to return an emaciated dog to its owner sufficiently stated several constitutional and state tort claims against an animal control officer and his supervisor. Background In December 2017, Plaintiff Christen Waddle encountered ...

Tagged with: Constitutional Judge Jackson L. Kiser Personal Injury Tort U.S. District Court - Western District

After taking a homebuyer’s account of foreclosure purchase at face value, a sheriff and his subordinates may go to trial for events that transpired when they accompanied her to the home to remove the previous owners. Background Plaintiffs James and ...

Tagged with: Civil Rights Constitutional Due Process Judge Jackson L. Kiser Personal Injury Search & Seizure Tort U.S. District Court - Western District

Law enforcement officers who forced two family members out of their Patrick County home after a foreclosure auction and blocked them from retrieving personal property face a jury trial on conversion and civil rights claims, a Danville federal judge has ...

Tagged with: Judge Jackson L. Kiser Real Estate U.S. District Court - Western District