WHY THE LEE MONUMENT LAWSUIT AGAINST RPD?

Posted Posted in Assault & Battery, Civil Rights, Commentary, Excessive Force, Fourth Amendment, Freedom of Speech and Press, Religious Freedom

QUESTION:   I would like to know why you think dispersing an unruly crowd with non-lethal means is a civil rights offense?   ANSWER:   First let me thank you for asking the question that many may have been afraid to ask. Increasingly we are finding an intolerance to opinions and views from all political […]

THIS HAS TO STOP! – police brutality – Class Action filed against Richmond Police officers.

Posted Posted in Assault & Battery, Civil Rights, Commentary, Excessive Force, First Amendment, Fourth Amendment, Freedom of Speech and Press, General, Litigation

Richmond Civil Rights Firm Files Class Action Lawsuit Against Richmond Police Officers for 1st Amendment Violations on June 1, 2020 at the Lee monument. June 16, 2020 – Class Action suit filed against Richmond Police Department Officers for violations of citizens 1st Amendment Right to peacefully protest and petition the government and for 4th Amendment […]

TORTIOUS INTERFERENCE WITH PARENTAL RIGHTS

Posted Posted in Civil Rights, Due Process, Litigation

TORTIOUS INTERFERENCE WITH PARENTAL RIGHTS Another litigation and appellate victory for the Law Firm!   On May 14, 2020, the Virginia Supreme Court rejected the attempt to drag mental health professionals and guardian ad litems into court for their role in custody and visitation cases by disappointed, angry, frustrated or vindictive parents on claims of “tortious […]

Summary of Virginia Whistleblower laws

Posted Posted in Civil Rights, Employment Law, FOIA, Freedom of Speech and Press

Does Virginia have “Whistle-Blower” protection? Yes. An employee of Virginia state or local governments have protection against retaliation or discipline for making or being about to report on the wrongdoing or abuse of one of the employee’s supervisors or an agent of the employer or an appropriate authority under Virginia Code § 2.2-3009, et seq., […]

What are the elements of a “bad faith” claim against an insurance company?

Posted Posted in Assault & Battery, Civil Rights, Contract Law, False Imprisonment, First Amendment, General, Libel & Slander, Litigation, Negligence, Personal Injury Law, Sexual Assault, Wrongful Death

If an insurance company intentionally disregards the financial interests of their insured and fails to settle a claim within the policy limits resulting in a judgment exceeding those policy limits then it may be liable for the excess judgment under Virginia law.   Given the risks, complexities and costs of litigation, it may be appropriate […]

Taxing Settlements and Judgments – Are Attorneys’ fees paid included in income to litigant?

Posted Posted in Civil Rights

Are attorneys’ fees paid from a settlement included in the gross income to the plaintiff – are they “above-the-line deduction”, merely listed as itemized deductions, “below-the-line deduction” where they may be disregarded in an alternative minimum tax analysis, or not deductible at all?   The tax answers depend upon the nature of the legal fees.  […]

2-5-2020 – Law Enforcement Officer Cannot Lawfully Retaliate For First Amendment Speech By Attempting to Induce Another Officer To Issue a Traffic Citation

Posted Posted in Civil Rights, First Amendment, Freedom of Speech and Press, General

2-5-2020 – The law firm of Thomas H. Roberts & Associates, PC. achieved another victory for the First Amendment with a federal opinion establishing that a law enforcement officer cannot lawfully retaliate against a citizen for criticisms and Facebook posts by attempting to induce another officer to issue a traffic citation.   In a decision […]

Injunction by Gun Owners of America likely to Fail

Posted Posted in Civil Rights, First Amendment, General

1 (Photo by Cary Drane – 2020 Lobby Day in Virginia – (c) 2020 – Cary Drane)   Unfortunately, it is our opinion that the current attempt to enjoin Governor Northam’s unconstitutional restraint of 1st Amendment speech and the 2nd Amendment right to bear arms will fail because Gun Owners of America, Inc. and the other plaintiffs […]

Civil Rights In Virginia – Upheld by Virginia’s Highest Court – 2020

Posted Posted in Assault & Battery, Civil Rights, Excessive Force, False Imprisonment, Fourth Amendment, General

Virginia’s Highest Court Confirm’s That It Will Not Tolerate Virginia Law Enforcement Violations Of  The 4th Amendment To The U.S. Constitution Or Virginia Statutes Protecting Its Citizens from Unlawful Arrests, Unlawful Searches and Excessive Force.   On January 16, 2020, the Virginia Supreme Court issued an opinion reversing the Circuit Court for the City of Petersburg which […]