Where the Prison Litigation Reform Act, or PLRA, precludes an individual from filing a fourth complaint unless the litigant can meet an exception for “imminent danger of serious physical injury,” the court held that delayed or denied medical treatment that ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Roger L. Gregory Tort

Where the plaintiff alleged that a co-employee raped her on multiple occasions when she worked at Silver Diner while in high school, her assault and battery claims against the alleged rapist and Silver Diner survived their motions to dismiss. Although ...

Tagged with: Judge Mark S. Davis Tort U.S. District Court - Eastern District

Where a malicious prosecution claim requires that the plaintiff obtained favorable termination of the underlying criminal prosecution, a woman’s claim that the Wise County Housing Authority brought false criminal charges against her was dismissed because the underlying state action was ...

Tagged with: Judge James P. Jones Tort U.S. District Court - Western District

Where a police officer’s gun was never fired, the medical examiner ruled the decedent’s death a suicide and a gun recovered at the scene had the decedent’s blood on it and a bullet missing, the officer was granted summary judgment ...

Tagged with: Judge Michael F. Urbanski Tort U.S. District Court - Western District

Where another federal district judge ruled against this plaintiff in a prior suit, and his decision was affirmed by the Fourth Circuit, the plaintiff’s claim that the judge was part of a conspiracy to violate her civil rights and deny ...

Tagged with: Judge Frank W. Volk Tort U.S. District Court - Western District

Where correctional officers were sued for their alleged role in the death of a detainee, an expert on correctional facilities may testify about the standard of care and his opinion that the officers breached the duties they owed to the ...

Tagged with: Judge Lawrence R. Leonard Tort U.S. District Court - Eastern District

Where the relator’s False Claims Act claims were based on “classic conclusory language,” they were properly dismissed for failure to state a claim. And because plaintiffs do not get a “dry run” as a matter of right and district courts ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Julius N. Richardson Tort

Where a professor moderating a microaggression panel allowed a student to speak for several minutes before moving on to another attendee’s question, her refusal to let him continue asking questions was not First Amendment retaliation. Background This memorandum opinion provides ...

Tagged with: Judge Norman K. Moon Tort U.S. District Court - Western District

Where a woman alleged a man sent false and defamatory emails to her employer after their relationship ended, including that she had used government property to harass him, her defamation claim survived his motion to dismiss. Background When a relationship ...

Tagged with: Judge Norman K. Moon Tort U.S. District Court - Western District

Where a disgruntled homeowner sued both federal and private defendants for claims relating to her home purchase, maintenance and foreclosure proceedings, but there was no subject matter jurisdiction over the federal defendants, and the claims against all defendants failed to ...

Tagged with: Judge Rossie D. Alston Jr. Tort U.S. District Court - Eastern District