Free Newsletter
Parents sue DSS employees following child’s removal
Where parents alleged that two Department of Social Services’ employees removed their minor child based on a predetermined reason and that the employees knew a positive drug test was not evidence of abuse, the Fourteenth Amendment claim survived the employees’ motion to dismiss. Background Jessica Nicole Stoots and John Lewis Phillips sued three employees of […]
Company must comply with insurance policy
Where a company was required to maintain a “loss fund” to secure payments on insurance claims, but the company was now insolvent, an insurance company was entitled to an injunction requiring specific performance because monetary damages would not be obtainable. Background Southern Coal Corporation brought several contract and tort claims against Brickstreet Mutual Insurance Company […]
Mistrial denied in complex trial
Where the defendant moved for a mistrial on the grounds that she was in the hospital and unable to effectively communicate with her counsel, her motion was denied. But the court continued the trial to a date later in the month. Background Pending before the court is an oral motion for mistrial brought by defendant […]
Former federal employee’s retaliation suit dismissed
Where a former Department of Agriculture director alleged that she was constructively discharged in retaliation for reporting suspected fraud, but she failed to administratively exhaust her claims and failed to properly serve the defendants, her suit was dismissed. Background Jesse Hines Turner brought this action alleging that she was constructively discharged from her role as […]
Pro se plaintiff avoids sanctions
Where the court denied the pro se woman’s motion to disqualify the defendants’ attorney, but the defendants failed to show that her motion specifically violated the applicable rules, their request for sanctions was denied. Background This matter is before the court on a motion for sanctions filed by defendants Sameer Patel, Patel & Dalrymple PLLC […]
Doctor’s defamation claims dismissed
Where a doctor who has espoused highly disputed views regarding COVID-19 vaccines sued the Washington Post after it reported on his speech, but he failed to show the challenged statements about a matter of public concern were actionable or were made with actual malice, his suit was dismissed. Background Dr. Robert Malone sued the Washington […]
Court lacks jurisdiction over estate dispute
Where a suit was filed over intra-familial mistreatment and misrepresentations in probate proceedings, but there was neither federal question nor diversity jurisdiction, the suit was dismissed. Background On Aug. 11, 2023, the court dismissed plaintiff’s pro se complaint for lack of subject matter jurisdiction. The same day, plaintiff filed a response indicating that she had […]
Detainee’s deliberate indifference claim survives
Where prison officials argued that they were entitled to summary judgment because a detainee’s complaint did not plead facts showing administrative exhaustion, but a plaintiff is not required to “demonstrate exhaustion” in his complaint and it was not clear from the complaint that the grievance process was actually “available,” the motion was denied. Background Jeffrey […]
Fear of retaliation isn’t enough for injunctive relief
Where a detainee alleging that prison officials violated the law by denying him accommodations for his disabilities moved for injunctive relief because he feared retaliation, but he failed to state sufficient facts to make a clear showing that he is likely to succeed on the merits or that he will be irreparably harmed, his motions […]
Officials prevail on detainee’s claim regarding handcuffs
Where a detainee alleged that the use of metal handcuffs when transporting him violated his constitutional rights, but there was no evidence the transporting official deliberately disregarded a substantial risk to the detainee’s safety, and the other defendants were not involved in the transport, the defendants were granted summary judgment. Background Charles E. Zellers Sr., […]
Detainee alleges officials used excessive force
Where video evidence did not clearly contradict a detainee’s claims that correctional officials used excessive force and were deliberately indifferent to his risks of serious harm, their motion for summary judgment was denied. Background Robert Lee Sacra Jr., a Virginia detainee proceeding pro se, filed this civil rights action under 42 U.S.C. § 1983, alleging […]
Officials defeat detainee’s delayed treatment claim
Although there was a significant delay between the date when a detainee turned over his damaged eyeglasses (July 2021) until the date he finally received his new eyeglasses (April 2022), there was no evidence that prison officials were deliberately indifferent to, or tacitly authorized, the delay. Background Malcolm Muhammad, a Virginia detainee proceeding pro se, […]
Verdicts & Settlements
- Driver struck twice in rear-end collision at red light — $350,000 settlement
- Drunken driver strikes vehicle on interstate — $200,000 settlement
- Trip and fall on mat leads to knee replacement surgery — $1.5M verdict
- Woman suffers permanent injury in broadside crash — $2.325M settlement
- Teacher injured in accident during morning commute — $1.5M settlement
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
Opinion Digests
- Court silent on if ALJs were constitutionally appointed
- Homeowner’s lawsuit barred by res judicata
- Uncertainty over service prevents default judgment
- No stay of case pending resolution of motion
- Man’s unlawful search, seizure claims dismissed
- Amazon shows patent claim is ineligible abstract idea
- Geographical separation dooms trademark claim
- ‘Narcotics trafficker’ defense rejected
- Litigant’s suit against courts, judges dismissed
- Body cam footage properly admitted
- Motion to withdraw pleas properly denied
- Evidence supports murder, conspiracy conviction
