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Tag Archives: Judge Rebecca Beach Smith

Pro se plaintiff alleging bias secures default judgment (access required)

The pro se plaintiff’s factual allegations were sufficient to demonstrate she was the victim of race discrimination, racial harassment and retaliation. Because she did not sufficiently support her request for damages, no damages were awarded, but she can file a ...

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Officer still employed can’t claim for lack of due process (access required)

A Chesapeake police officer could not assert a claim for procedural due process based upon continued employment because he is still employed by the Chesapeake police department, or CPD. His assertion that he possesses property interests in serving as a ...

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Failure to exhaust remedies dooms compassionate release motion (access required)

A prisoner who requested reduced sentence or home confinement because of COVID-19 failed to exhaust his administrative remedies and did not argue the requirement should be waived. And because the recently-passed Coronavirus Aid, Relief, and Economic Security, or CARES, Act, ...

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Attorneys’ fees reduced by half based on lack of success (access required)

Although the plaintiff prevailed on a claim under the Fair Debt Collection Practices Act, his overall lack of success, including recovering only 1.25% of the damages sought on the one count on which he prevailed, resulted in a 50% reduction ...

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Assault with dangerous weapon considered ‘crime of violence’ (access required)

Assault with a dangerous weapon in aid of racketeering constitutes a “crime of violence” under the force clause in 18 U.S.C. § 924(c)(3)(A) because it requires the use, attempted use or threatened use of physical force against the person or ...

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County not liable for alleged ADA violations (access required)

Because the County of Isle of Wight was not the plaintiff’s employer or a joint-employer, and because her actual employer had fewer than 15 employees, summary judgment was awarded to the defendants on discrimination and retaliation claims under the Americans ...

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