Docket – October 3, 2018

U.S. District Court – Eastern District

Midgett v. Hardcastle, EDVA at Norfolk (Jackson).

The defendant acted in bad faith by raising compulsory counterclaims in state court, essentially forum shopping to circumvent federal jurisdiction, and only now seeking to bring them in federal court after state proceedings appeared to stall. Adding the counterclaims now would also force the court to re-open discovery, increasing prejudicial late-stage litigation costs on the other party.

Motion to amend denied.

U.S. District Court – Western District

Haleem v. Quinones, WDVA at Harrisonburg (Hoppe).

An inmate’s Eighth Amendment deliberate-indifference claim against a prison doctor will be severed from his Fourth Amendment excessive-force claims against two prison guards. Under Federal Rule of Civil Procedure 20, the doctor was misjoined as a defendant, as there was no logical connection between the doctor’s alleged denial of medical care and the officers’ alleged retaliatory use of excessive force a year later.



Categories: Daily Dockets

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