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Tag Archives: U.S. District Court – Western District

WDVA: Jails must deliver nonprofit’s materials to inmates (access required)

A regional jail authority is preliminarily enjoined from confiscating publications mailed to inmates by the Human Rights Defense Center. The policy banning delivery of such publications is not rationally related to any legitimate purpose identified by the defendants. Background Plaintiff ...

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WDVA: “Unite the Right” conspiracy claims survive dismissal (access required)

In 1871, Congress passed a law “directed at the organized terrorism in the Reconstruction South,” now codified at 42 U.S.C. § 1985. Over 140 years later, the Ku Klux Klan, various neo-Nazi organizations, and associated white supremacists rallied in Charlottesville. ...

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WDVA: UVA pay discrimination case can go to trial

Genuine factual disputes remained as to whether a former university contract employee suffered pay discrimination. A male comparator with essentially equal duties received a significantly greater starting salary. Background In the fall of 2012, University of Virginia President Sullivan developed ...

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WDVA: Branch transfer could be adverse employment action (access required)

An employee who was required to switch branches after reporting her pregnancy plausibly alleged an adverse employment action, noting that the transfer added time to her commute and interfered with her ability to put her school-aged children on the bus. ...

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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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WDVA: Fired county employee’s First Amendment claim is triable (access required)

A county’s former Director of Tourism presented genuine factual disputes as to whether he was fired in retaliation for his past vote to censure members of the county board of supervisors who voted to raise taxes. Background At a Bedford ...

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CAV: Notice of injury can include later complications (access required)

An employer was on notice that a workers’ compensation claim related not only to an initial work-related injury and surgery to repair it, but also to a subsequent knee replacement necessitated by the claimant’s post-operative stress fracture. Background Claimant Denzil ...

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WDVA: Bank wins summary judgment on teller’s age claim (access required)

After taking more than six months of medical leave before her employment was terminated, a bank teller failed to establish a prima facie case for age discrimination. Her medical leave followed a position change that she mistakenly believed was a ...

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WDVA: Conflicting reasons for employee’s termination merit trial (access required)

An employee failed to identify evidence that his supervisor’s lewd comments to him were because of (his) sex, but his employer’s varied explanations for terminating him after he complained precluded summary judgment as to retaliation. Because some evidence suggested that ...

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