McCaffrey v. Chapman (P)
Under the Elrod-Branti exception to First Amendment protection, the district court properly dismissed a Loudoun County deputy sheriff's claims against the sheriff, who declined to reappoint the deputy for supporting the sheriff's political opponent. The court's prior precedent provides that… Read More ›
Shimari v. CACI Premier Tech. Inc.
In this action arising from alleged war crimes at Abu Ghraib, the United States cannot claim sovereign immunity, but it is entitled to summary judgment as to the third-party complaint by its contractor, whose employees are claimed to have committed… Read More ›
City of Va. Beach v. Va. Marine Res. Comm'n (P)
The plain meaning of Code § 28.2-625 establishes that municipal corporations – like other corporations authorized to apply for, occupy, and hold oyster-planting ground leases – are entitled to receive these leases by transfer. The circuit court order affirming a decision… Read More ›
Parada-Segova v. Barlow
The defendant, an employee of Fairfax County, is entitled to sovereign immunity as to the plaintiff's claim of simple negligence. The suit arises from the plaintiff's allegations that the defendant struck her with his vehicle while she was crossing an… Read More ›
SourceAmerica v. U.S. Dep't of Educ.
Two nonprofits that seek to enhance economic opportunities for the blind requested review of an arbitration panel's decision that the U.S. Army violated the Randolph-Sheppard Act in seeking to award the plaintiffs a contract for services in Army dining facilities,… Read More ›
Groff v. Lawson
The plaintiff's negligence claim against a Westfield school resource officer must be dismissed on grounds of sovereign immunity. The officer heard a report that students were "fleeing" the school, where an all-night graduation was being held. He considered the situation… Read More ›
Robinson v. U.S. Dep't of Education (P)
The district court properly found that it lacked jurisdiction over the plaintiff-appellant's lawsuit against the U.S. Department of Education for violations of the Fair Credit Reporting Act. It is settled law that a waiver of sovereign immunity must be unambiguous and… 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 ›
ACA Fin. Guar. Corp. v. City of Buena Vista, Va. (P)
By Rebecca Lightle on February 21, 2019
Where the City of Buena Vista, Virginia issued bonds to refinance its debt on a golf course and bond repayment depended on the City making rent payments on the golf course lease, the City's obligation to pay that rent was… Read More ›
McDiarmid v. N. Va. Reg'l Park Auth. (U)
The circuit court properly dismissed a case arising from allegations that, in constructing a connector trail near the plaintiffs' property, the Northern Virginia Regional Park Authority installed part of the trail on their property. The trial record confirms that the… Read More ›
Robertson v. Sch. Bd. of the City of Richmond, Va.
The plaintiff, a teacher's assistant, has plausibly stated Fourth Amendment claims based on his alleged unreasonable seizure by Richmond Public Schools safety officers. Based on reports that the plaintiff smelled like alcohol, school administrators detained him in their office and… Read More ›
Ga. Vocational Rehab. Agency Bus. Enter. Program v. United States
The government will be enjoined from awarding a contract for food services at Fort Benning until the plaintiff's challenge to the bidding process has been resolved in arbitration. The plaintiff's claim that the government violated federal law by not referring… 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 ›