Prisons

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 ›

Wright v. Lassiter (P)

The district court correctly found that North Carolina prison officials did not substantially burden the plaintiff’s constitutional and statutory religious-freedom rights, though not for the result the court gave. The plaintiff is an inmate who follows Rastafarianism. He asked to celebrate… Read More ›

Anderson v. Dillman (P)

The circuit court properly dismissed a Virginia inmate’s due process suit asserted under 42 U.S.C. § 1983, claiming that prison officials had violated his rights during a prison disciplinary proceeding that resulted in a $10 fine. Contrary to the plaintiff’s contention,… 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 ›

Commonwealth v. Briggs (U)

The circuit court properly concluded that the defendant should have received Miranda warnings before he was questioned by a private prison investigator while incarcerated. The defendant was subjected to substantial restraints on his liberty in addition to those he experienced… Read More ›

Battle v. Ledford (P)

The district court erred in concluding that a prisoner’s suit under 42 U.S.C. § 1983, filed after exhausting administrative remedies under the Prison Litigation Reform Act, was time-barred. Virginia provides an elaborate grievance process for prisoner complaints, but its no-tolling… Read More ›

Scott v. Clarke (P)

This is a six-year-old Eighth Amendment class action concerning the long-term failure to provide adequate medical care to inmates at the Fluvanna Correctional Center for Women. After years of litigation, the parties reached a detailed settlement agreement, approved by the… Read More ›

Mangum v. Hallembaek (P)

For the second time, the appellant challenges the district court’s denial of his motion to compel the federal Bureau of Prisons to designate nunc pro tunc a state facility for service of his federal sentence under 18 U.S.C. § 3621(b). This… Read More ›

Latson v. Clarke (P)

The court granted summary judgment as to various claims by plaintiff and former inmate Reginald Latson, who alleges he was denied medical treatment and subjected to abuse prior to being conditionally pardoned by the Governor of Virginia. Latson’s claims under… Read More ›

Haleem v. Quinones

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… Read More ›

Richardson v. Welch

The Virginia Department of Corrections is entitled to summary judgment as to a plaintiff’s claim that, while incarcerated, he has been wrongfully denied proper observance of the Nation of Islam Month of Fasting in December, according to his beliefs. When… Read More ›

Haendel v. Clark

Factual disputes prevented summary judgment as to whether the defendants violated the plaintiff’s First Amendment rights in prison by not offering food that was kosher for Passover, rather than merely kosher. A jury could also find that the defendants discriminated… Read More ›

Calloway v. Brown

Federal prison guards had probable cause to strip-search a plaintiff during her visit with an inmate, the court held. The inmate had a history of receiving contraband, and the plaintiff appeared nervous and was “messing with” her waistband during the… Read More ›