Virginia Deliberate Indifference Law
 

John Rodgers Burnley v. Alexandra M. Valentin

Richmond, Virginia personal injury lawyer represented the Plaintiff who sued the Defendant on a civil rights racial discrimination theory.


Plaintiff is a Black resident of Richmond, Virginia. (Compl. ¶ 4, ECF No. 1.) Plaintiff purchased his home in 1999, at which time the other residents of his block were “98 per cent [B]lack [A]fro- [A]mericans ....” (Id.) The demographic ratio... More...
   $0 (11-22-2023 - VA)

Mark Basilica and Roberta Basilica v. Sheriff Roger L. Harris, et al.

Richmond, Virginia civil rights lawyer represented Plaintiffs who sued the defendants on civil rights wrongful death theories.

On August 30, 2020, Theresa Marie Basilica ("Basilica") went to the emergency department at Mary Washington Hospital, seeking help during a mental health crisis. Eighteen hours later, she died ofa self-inflicted gunshot while in the defendants' custody. Mark and R... More...
   $0 (08-23-2023 - VA)

United States of America v. Michael Anderson

Richmond, Virginia criminal defense lawyer represented Defendant charged with violating the civil rights of an inmate by showing deliberate indifference to the inmate’s serious medical needs, resulting in his death.

On Jan. 9 and 10, 2021, Michael Anderson, 52, was working in his official capacity as a BOP correctional officer, with a rank of lieutenant, at the Federal Correctional Ins... More...
   $0 (07-12-2023 - VA)

UNITED STATES OF AMERICA v. GARY LYNN TOLIVER, JR., a/k/a BG, a/k/a Lil Gary, a/k/a Garry Toliver, Jr.

UNITED STATES OF AMERICA v. MIKAL MUSTAFA MIX, a/k/a Stash, a/k/a Dirty Boy, a/k/a Mikail Mix, a/k/a Man Man

Richmond, VA - Criminal defense lawyer represented defendants charged with racketeering and various violent crimes



This case concerns Toliver’s and Mix’s participation in the
BHB gang in Norfolk, Virginia. The evidence presented at trial
described both the overall structure of the gang and specific
instances of ... More...
   $0 (01-02-2022 - VA)

Stephen Bishop, ex rel United States of America v. Level 3 Communications, Inc.

Alexandria, Virginia qui tam whistle blower lawyer represent Plaintiff, who sued Defendant on a False Claims Act violation theory under 31 U.S.C. 3729, which provides:

(a) Liability for Certain Acts.—
(1) In general.—Subject to paragraph (2), any person who—
(A) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval;
(B) knowi... More...
   $0 (10-15-2021 - VA)

United States of America v. SEITU SULAYMAN KOKAYI

Richmond, VA - Criminal defense lawyer represented defendant with two counts of coercion and enticement of a minor charge.



Appellant was convicted following a bench trial. The following facts were
presented at trial. We view them in the light most favorable to the Government. See United
States v. Garcia-Ochoa, 6... More...
   $0 (08-26-2021 - VA)

United States of America v. DYLANN STORM ROOF

Criminal Death Penalty

Richmond, VA - Criminal defense lawyer represented defendant with nine counts of murder, three counts of attempted murder, and one weapon-possession count charges.



I. OVERVIEW
In 2015, Dylann Storm Roof, then 21 years old, shot and killed nine members of the
historic Emanuel African Methodist Episcopal Church (�... More...
   $0 (08-26-2021 - VA)

United States of America v. Odell S. Anderson, Sr., et al.

Richmond, Virginia criminal defense lawyer represented Defendant charged with conspiracy to engage in dogfighting.

On June 1, Odell S. Anderson Sr., 52, of the District of Columbia, pleaded guilty to one felony count of conspiracy to violate the animal-fighting prohibitions of the Animal Welfare Act by conspiring with others to sponsor and exhibit dogs in a dog fight, as well as to bu... More...
   $0 (06-02-2021 - VA)

Lamont Lendell Bagley v. Commonwealth of Virginia

Richmond, VA - Criminal defense attorney represented Lamont Lendell Bagley with a second-offense possession of a Schedule I or II controlled substance with intent to distribute charge.



At about 3:00 a.m. on January 26, 2019, Officers Megan Lynch and Austin Earlenbaugh
of the Henrico County Police Department responded to a ... More...
   $0 (05-19-2021 - VA)

United States of America v. Bryan Wade Lewis

Roanoke, Virginia criminal defense lawyer represented defendant charged with tampering with a consumer product.

Bryan Wade Lewis, a former Pharmacist at Home Choice Partners in Roanoke, pleaded guilty in U.S. District Court here to tampering with a consumer product, hydromorphone, that affected interstate commerce.

Lewis, 34, of Roanoke, pleaded guilty to one count of tampering w... More...
   $0 (10-04-2020 - VA)

Mark Spencer Cady v. Commonwealth of Virginia

Richmond, VA - Felony Reckless Driving, Wrongful Death

In accordance with familiar principles of appellate review, the facts will be stated in the
light most favorable to the Commonwealth, the prevailing party at trial.� Gerald v.
Commonwealth, 295 Va. 469, 472 (2018) (quoting Scott v. Commonwealth, 292 Va. 380, 381
(2016)). In doing so, we discard any of appellant�s confl... More...
   $0 (08-28-2020 - VA)

Natalie Marie Keepers v. Commonwealth of Virginia












On January 30, 2016, after N.L.�s body was discovered, police... More...
   $0 (06-20-2020 - VA)

Endalkachew Merid v. Commonwealth of Virginia







COURT OF APPEALS OF VIRGINIA






�In reviewing a trial court�s denial of a motion to suppress, �we determine whether the
accused has met his burden to show that the trial ... More...
   $0 (06-20-2020 - VA)

Larry Dornell Palmer v. Commonwealth of Virginia


Need help finding a lawyer for representation concerning appealing a complaint for aggravated malicious Wounding in Virginia?

Call 918-582-6422. It's Free.



On May 1, 2018, Palmer was tried in a bench trial in the Circuit Court of the City of
Virginia Beach. Palmer was charged with one count of malic... More...
   $0 (01-31-2020 - VA)

Willie Hicks, Jr. v. Commonwealth of Virginia


Need help finding a lawyer for representation concerning appealing a complaint for one count each of rape, aggravated sexual battery, and indecent liberties in Virginia?

Call 918-582-6422. It's Free.



The appellant was twenty years old at the time of the offenses. The victim, Q.A., was his
twelve-ye... More...
   $0 (01-30-2020 - VA)

Lenny Rock Kenner v. Commonwealth of Virginia


Need help finding a lawyer for representation concerning appealing a complaint for animate object sexual penetration, aggravated sexual battery, and custodial sexual abuse in Virginia?

Call 918-582-6422. It's Free.




On appeal, �we consider the evidence and all reasonable inferences flowing from that ... More...
   $0 (01-30-2020 - VA)

Eric Cherron Jones v. Commonwealth of Virginia


Need help finding a lawyer for representation concerning appealing a conviction of possession of cocaine in Virginia?

Call 918-582-6422. It's Free.



Officer Brown of the Hampton City Police Department observed Jones driving a car in
Hampton. As Jones approached an intersection, he activated his turn ... More...
   $0 (01-30-2020 - VA)

Ian Christian Carlson v. Commonwealth of Virginia




MoreLaw Helps People Find Lawyers



Officers Matt Elliot and Aaron Gosnell responded to a call at a trailer park on the 2700
block of Ike Street in Chesapeake. When the officers pa... More...
   $0 (02-20-2019 - VA)

Verisign, Inc. v. XYZ, L.L.C.

United States Court of Appeals for the Fourth Circuit

This case arises out of a denial of a motion for an award of attorney fees under the Lanham Act, 15 U.S.C. � 1117(a), which allows a court to award �reasonable attorney fees to the prevailing party� in �exceptional cases.� For the reasons that follow, we hold that a prevailing party need only prove an exceptional case by a preponderance of the evidence, rather than by clear and convincing evidence... More...    $0 (05-29-2018 - VA)

Roxanne Adams v. Naphcare, Inc., et al.

Eastern District of Virginia Federal Courthouse - Norfolk, Virginia

This case arises from the events surrounding the death of Jamycheal Mitchell. His personal representative, Roxanne Adams, brought this action on his behalf, asserting claims under 42 U.S.C. � 1983 and state law against Debra K. Ferguson and forty-nine other defendants. Ferguson moved to dismiss all claims against her; the district court denied the motion. Ferguson appeals. For the reasons that fol... More...    $0 (03-14-2018 - VA)

Albert Anderson v. Deputy M. Kingsley, Deputy Sheriff of Gloucester County, Deputy Stewart, Deputy Sheriff of Gloucester County

Fourth Circuit Court of Appeals - Richmond, Virginia

The question presented in this appeal is whether the district court properly instructed the jury on the definition of �deliberate indifference,� as required for proving that prison officials are liable under the Eighth Amendment for failing to protect an inmate from a fellow inmate�s assault.
After Albert Anderson was assaulted by a fellow inmate in Gloucester County Jail in Virginia, sustaini... More...
   $0 (12-14-2017 - VA)

Williams v. Commonwealth

Supreme Court of Virginia

On September 2, 2014, a grand jury of the City of Richmond indicted Larry Lee Williams (Williams) for the July 8, 2014 felony assault and battery, third or subsequent offense, of his wife, Tameka Bond (Bond), in violation of Code � 18.2-57.2(B) (July Offense). On September 10, of that same year, a grand jury indicted Williams for another violation of Code � 18.257.2(B), as well as attempted murde... More...    $0 (11-08-2017 - VA)

Commonwealth of Virginia v. James Travis Moore

Martinsville, VA - Jury Convicts Man of First-Degree Murder

The Commonwealth of Virginia charged James Moore with first-degree murder and use of a firearm to commit murder for killing Noel Navarro-Pena, age 33, and Alfonso Navarro-Pena, age 40, in June of 2014. Noel was found dead lying near a pickup in a parking lot near the main gate to the Smith River Sports Complex. Alfonso was found ... More...
   $0 (12-08-2016 - VA)

Commonwealth of Virginia v. Ulysses Jay James

Norfolk, VA - Jury Rejects Self-Defense and Convicts Man of Murder

The Commonwealth of Virginia charged Ulysses Jay James, age 52, with first-degree murder for stabbing 45-year-old Lean "Elaine" Smith to death.

Defendant claimed self-defense.

Ms. Smith was a schizophrenic cocaine addict who had previously stabbed James.


Virginia criminal code section 18.2.3... More...
   $0 (08-21-2016 - VA)

Lamont Anthony Woods v. Commonwealth of Virginia

�When reviewing a trial court�s refusal to give a proffered jury instruction, we view the
evidence in the light most favorable to the proponent of the instruction,� in this case appellant.
Commonwealth v. Vaughn. Toward the end of April 2012, appellant�s relationship with his girlfriend, Takea Turner
(Turner), seriously deteriorated. Appellant testified that he assumed that Turner... More...
   $0 (03-28-2016 - VA)

United States of America v. Irek Ilgiz Hamidullin

Richmond, VA - Irek Ilgiz Hamidullin, 55, a Russian national and former Russian army tank commander, was sentenced today to life plus 30 years in prison for conspiring to shoot down American helicopters and to kill U.S. and Afghan soldiers, conspiring to use a weapon of mass destruction, and several other charges relating to an attack he led on U.S. and Afghan forces in Afghanistan in November 200... More...    $0 (12-03-2015 - VA)

Commonwealth of Virginia v. Logan Demetrius Miles

Richmond, VA - The Commonwealth of Virginia charged Logan Demetrius Miles, age 20, with second-degree murder for killing Lorenzo Dominique Harris, age 30, in August of 2014.

The Commonwealth claimed that Miles went with Harris to his apartment and shot him a number of times.

Much of the Commonwealth's case was based on testimony of jailhouse informants and his legal guardian.... More...
   $0 (09-24-2015 - VA)

United States of America v. Robert F. McDonnell

Over the course of five weeks of trial, federal prosecutors sought to prove that former Governor of Virginia Robert F. McDonnell (�Appellant�) and his wife, Maureen McDonnell, accepted money and lavish gifts in exchange for efforts to assist a Virginia company in securing state university testing of a dietary supplement the company had developed. The jury found Appellant guilty of eleven counts of... More...    $0 (07-11-2015 - VA)

Virginia Poindexter v. Mercedes-Benz Credit

Virginia M. Poindexter appeals the district court�s grant of summary judgment to Mercedes-Benz Credit Corporation (�MBCC�) on her claims arising from MBCC�s failure to timely release a lien placed on her residence after she satisfied her underlying debt obligation. For the reasons set forth below, we affirm the district court�s judgment.
I.
In April 2001, Poindexter purchased an Audi sedan... More...
   $0 (07-10-2015 - VA)

United States of America v. Suado Mohamed Ali a/k/a Suada Mohamad Ali, a/k/a Sue

Seventeen individuals, all originally from Somalia or Yemen, were indicted for their participation in a large conspiracy to traffic in khat, a leafy plant native to the Horn of Africa. Khat contains the controlled substance cathinone, which is desired for the euphoria it provides when khat leaves are chewed. Thirteen of the defendants were also charged with conspiracy to commit money laundering.More...    $0 (11-15-2013 - va)

William Scott MacDonald v. Tim Moose

In 2005, William Scott MacDonald was convicted after a bench trial in the Circuit Court of the City of Colonial Heights, Virginia, of two offenses: the misdemeanor offense of contributing to the delinquency of a minor, in contravention of Virginia Code section 18.2-371; and the felony offense of violating the Commonwealth’s criminal solicitation statute, found in section 18.2-29. The criminal so... More...    $0 (03-13-2013 - VA)

Francine Helton v. AT&T, Inc.

After first learning in 2009 that she had been entitled to begin collecting her full pension benefits nearly eight years earlier, plaintiff Francine Helton contacted her pension plan seeking to recoup her lost benefits. The pension plan denied Helton’s claim, and Helton, in turn, brought this action under the Employee Retirement Income Security Act of 1974 ("ERISA") against defendants AT&T Inc.,... More...    $0 (03-06-2013 - VA)

AES Corporation v. Steadfast Insurance Co.

In this appeal from a judgment in a declaratory judgment action, we consider whether the circuit court erred in ruling that a civil complaint filed against The AES Corporation (AES) did not allege an “occurrence” as that term is defined in AES’s contracts of insurance with Steadfast Insurance Company (Steadfast), and that Steadfast, therefore, did not owe AES a defense or liability coverage.... More...    $0 (09-16-2011 - VA)

Robert P. Bennett v. Sage Payment Solutions, Inc.

In this appeal, the primary issue we consider is whether an employee’s repudiation of an employment agreement can be used by the employer as a defense against a breach of contract claim. We hold that a party’s repudiation of future obligations under a contract, even after performance has begun, may constitute a defense to a breach of contract claim. We also address issues concerning repudiatio... More...    $0 (06-09-2011 - VA)

Alvin Kaltman v. All American Pest Control, Inc.

In this appeal, a husband and wife filed complaints against a pest control company and its employee after the employee allegedly treated the couple’s home with a pesticide that was not approved for residential use. We consider whether the circuit court erred in sustaining demurrers to the homeowners’ claims of negligence, willful and wanton conduct, and negligence per se. The principal issue w... More...    $0 (03-04-2011 - VA)

S. Charles Volpe v. City of Lexington

The primary issue in this appeal is whether the City of Lexington, which owned and operated a riverside park that included a low-head dam, owed a duty to warn its invitees of the dangers posed by the dam. We also consider whether the circuit court properly struck claims of gross negligence and willful and wanton negligence.

BACKGROUND

On April 23, 2006, Charles O. Volpe (“Charl... More...
   $0 (05-21-2011 - VA)

Newport News Holdings Corporation v. Virtual City Vision Incorporated, d/b/a VCV, Inc.

This appeal raises numerous issues arising out of the grant of summary judgment to Newport News Holdings Corporation ("NNHC") on its claims against Virtual City Vision and its owner Van James Bond Tran (collectively, "VCV") under the Anticybersquatting Consumer Protection Act ("ACPA").

In addition to challenging summary judgment, VCV argues that the magistrate judge erred in refusing to r... More...
   $0 (04-18-2011 - VA)

PBM Products, LLC v. Mead Johnson & Company

Appellee PBM Products, LLC (PBM) filed this action pursuant to the Lanham Act, 15 U.S.C. §1125(a), against Appellant Mead Johnson & Company, LLC (Mead Johnson) alleging that Mead Johnson distributed more than 1.5 million direct-to-consumer mailers that falsely claimed PBM’s baby formula products were inferior to Mead Johnson’s baby formula products. After a jury found that Mead Johnson had en... More...    $0 (04-20-2011 - VA)

Richmond Medical Center for Women, et al. v. Michael N. Herring, et al.

In this case, we consider whether Virginia’s "Partial Birth Infanticide" Act, Va. Code Ann. § 18.2-71.1 (the "Virginia Act"), is facially unconstitutional. After the Commonwealth of Virginia enacted the Virginia Act in April 2003, but before its July 1, 2003 effective date, Richmond Medical Center and its owner and medical director, Dr. William Fitzhugh (collectively, "Dr. Fitzhugh"), commenced... More...    $0 (07-03-2009 - VA)

World Wide Network Services LLC v. DynCorp International LLC

World Wide Network Services LLC sued DynCorp International LLC on a tortious interference theory with the its employee contracts, broke contracts and breached the implied duty of good faith and fair dealing. The suit stemmed from a government contractor dispute when WWNS won a subcontract in early 2005 with Falls Church-based DynCorp (NYSE:DCP) to help with its contracts with the U.S. Department o... More...    $15000000 (11-21-2008 - VA)

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