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Tag Archives: Judge Jackson L. Kiser

Failure to ask lawyer to appeal dooms effort to vacate sentence (access required)

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 ...

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Court dismisses discrimination and retaliation claims asserted by doctor (access required)

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 ...

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WDVA: Obscene gesture at officer no grounds for stop (access required)

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 ...

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WDVA: Dog rescuer can proceed on claims for larceny accusations (access required)

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 ...

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EDVA: Officers face trial over eviction confusion (access required)

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 ...

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Judge won’t shield cops who kicked family out of home (access required)

wdva

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 ...

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Bon Mots: April 2018 Edition (access required)

As seasoned attorneys know, the lofty principles that attract aspiring lawyers can quickly be overshadowed by client emergencies, Sisyphean scheduling conundrums, unreasonable opposing counsel, billing targets, intrafirm politics, and understaffed courts. But from time to time, our esteemed judges take ...

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WDVA: Court fines relentless plaintiff, enjoins further filing (access required)

A plaintiff who persistently overwhelmed the court with meritless filings was sanctioned under Rule 11 and banned from filing in the Western District for two years. The court also ruled that violations could incur further sanctions of $300 each. Background ...

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