U.S. District Court – Western District of Virginia

Riggleman v. Clarke

In this putative class action for Eighth Amendment violations, certification is inappropriate. The plaintiff, a Virginia inmate, is not an adequate class representative because his counsel is not adequate to handle this case as a class action. Counsel initially failed… Read More ›

Z.F. v. Adkins

A middle school student may proceed in this case alleging that the defendant, a deputy sheriff and resource officer at the plaintiff’s school, unlawfully seized his person and seized and searched his cell phone, using excessive force. The student alleges… Read More ›

Gilmore v. Jones (P)

Plaintiff Brennan Gilmore was among hundreds of individuals who gathered in Charlottesville, Virginia on August 12, 2017 to protest various white supremacist and neo-Nazi groups participating in the “Unite the Right” rally. In footage he recorded that day, he captured… Read More ›

Bush v. Lawrence

The court has jurisdiction to hear the plaintiff’s suit against the trustee of her late husband’s trust. One of the trust defendants’ attorneys is likely to serve as a witness and thus may not serve as an advocate at trial… Read More ›

Von Bremen v. Lamie

In this bankruptcy case dating back to 1931, the 1928 federal judgment statute should apply in order to restore the appellants as unsecured creditors to the position they would have occupied absent the bankruptcy proceeding. In 2013, a dispute arose… Read More ›

Wubneh v. Hutchinson

Genuine issues of material fact remain as to whether a former Virginia Department of Corrections employee violated the Eighth Amendment rights of the plaintiff, an inmate. The defendant’s affidavit claims that he didn’t assault or use excessive force against the… Read More ›

Minke v. Page County, Va.

In this employment suit brought by a former county employee, the Virginia Freedom of Information Act doesn’t create a separate privilege allowing the County to refuse to produce discovery pursuant to Federal Rule of Civil Procedure 26. The Virginia General… Read More ›

Varner v. Roane

No reasonable jury could conclude that, in a consensual encounter between the plaintiff and a deputy sheriff, the deputy violated the Fourth Amendment by searching the plaintiff’s truck during that encounter. The plaintiff alleges that a drug dog used to… Read More ›

Wheeler v. Commonwealth

A reasonable jury could find that the the plaintiff, a former employee of the Virginia Alcoholic Beverage Control Board, suffered an objectively hostile or abusive work environment. Her manager engaged in unwanted physical contact on multiple occasions when he and… Read More ›

Sines v. Kessler

The court denies the defendant’s motion to quash the plaintiffs’ subpoenas to Twitter, GoDaddy.com, Cloudflare, and Hatreon. Construing the motion to quash as a protective order, the magistrate found that the defendant couldn’t claim any hardship under Federal Rule of… Read More ›