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Judge James P. Jones

Jan 27, 2017

Court Upholds Red Onion Security Classifications

A Roanoke U.S. District Court grants summary judgment to defendant Virginia Department of Corrections on plaintiff’s suit alleging that the classification procedures that allegedly have prevented him from earning his release from the highly restrictive segregated confinement conditions at Red Onion State Prison violate his due process, equal protection and Eighth Amendment rights. I conclude [&h[...]

Jan 27, 2017

Court Upholds Red Onion Security Classes

A Roanoke U.S. District Court grants summary judgment to defendant correctional officials in this suit by an inmate who asserts constitutional challenges to certain classification procedures that allegedly have prevented him from earning his release from highly restrictive living conditions at Red Onion State Prison. It is undisputed that since the arrival of plaintiff, who […]

Jan 27, 2017

No Resentence Under Johnson ACCA Ruling

A defendant who pleaded guilty to cocaine distribution in 2003 and was sentenced as a career offender under federal sentencing guidelines based on prior convictions of assault with a deadly weapon and felony eluding arrest is not entitled to a sentence reduction based on the U.S. Supreme Court’s 2015 decision in U.S. v. Johnson striking […]

Jan 27, 2017

Attorney Privilege Log Admissible at Retrial

In this dispute over a drilling company’s demand for $14 million for drilling rig standby charges under a contract and addendum, the Abingdon U.S. District Court will allow, at a retrial on remand, evidence that the disputed Addendum was commercially unreasonable and evidence of how other recipients of the Addendum responded to it, as well […]

Jan 25, 2017

Contractor Did Not Comply with VPPA

A Big Stone Gap U.S. District Court says a construction company hired to make repairs on a middle school and a high school damaged in separate weather incidents cannot collect on the balance of alleged contracts with the school board, as the purported contracts did not comply with requirement of the Virginia Public Procurement Act. […]

Dec 5, 2016

Company’s Nonsolicitation Claim Advances

A company that offered physical and occupational therapy services to skilled nursing facilities may sue a competitor for breach of a Nondisclosure Agreement the parties signed during negotiations for de­fendant to buy plaintiff, by alleged solici­tation of plaintiff’s staff; however, the Big Stone Gap U.S. District Court dismisses plaintiff’s claims for tortious interference with business [&[...]

Nov 1, 2016

Inmate Loses Challenge to Security Procedures

A Roanoke U.S. District Court grants summary judgment to the Virginia De­partment of Corrections in a 42 U.S.C. § 1983 lawsuit claiming that the inmate’s 16 years spent in administrative segre­gation at Virginia’s Red Onion maximum security prison and classification to IM, or Intensive Management, status in 2013, violated his due process, equal protection and […]

Nov 1, 2016

Inmate’s Security Status May Violate RLUIPA

The Virginia Department of Correc­tions wins summary judgment in this lawsuit filed by an inmate in the Red On­ion maximum-security prison, challeng­ing Operating Procedure 830.A, under which plaintiff was classified in “Inten­sive Management”; also, the Roanoke U.S. District Court denies defendants summa­ry judgment on plaintiff’s claim that his classification status prevents him from [...]

Nov 1, 2016

‘Agency’ Claim Can’t Save Consulting Contract

A lawyer representing himself who al­leges he performed under a consulting agreement with defendants to develop real estate in Bristol, Virginia, and is owed $6,000 per month for his services and $18,170.82 in expenses, as well as an ownership stake in the business, loses his claim against one of the defendants, as the Abingdon U.S. […]

Nov 1, 2016

Court Upholds Prison Security Classification

An inmate classified as Intensive Management, or “IM” status at Red Onion maximum security prison, and who has advanced to a higher status with more privileges under the Virgin­ia Department of Corrections’ Operat­ing Procedure 830.A, loses his consti­tutional challenge to OP 830.A, as the Roanoke U.S. District Court grants summary judgment to defendant cor­rectional officials. […[...]

Oct 26, 2016

Court Upholds Red Onion Maximum-Security Classifications

A Roanoke U.S. District Court grants summary judgment to defendant Virginia Department of Corrections on plaintiff’s suit alleging that the classification proce­dures that allegedly have prevented him from earning his release from the highly restrictive segregated confinement condi­tions at Red Onion State Prison violate his due process, equal protection and Eighth Amendment rights. Classifica[...]

Oct 26, 2016

No Resentencing After Travel Act Conviction

A defendant convicted in 2001 of crimes including traveling in interstate commerce to commit a crime of violence and posses­sion of a firearm in furtherance of a crime of violence cannot win resentencing under Johnson v. U.S., in which the U.S. Supreme Court found the residual clause of the Armed Career Criminal Act was uncon­stitutionally […]

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