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‘Due Process’ Category

  1. When is force unreasonable and excessive in executing a search warrant?

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    February 5, 2025 by Tom Roberts, Esq.

    Virginia Personal Injury & Civil Rights Law Firm

    The test does not use hindsight nor whether it was the “least possible destructive means to execute a search warrant.”  It is the “excessive or unnecessary destruction of property.”

    Category Civil Rights, Due Process, Fourth Amendment, General | Tags: , , , , ,

  2. CPS wrongfully took my child in Virginia. Can I sue CPS?

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    January 3, 2025 by Tom Roberts, Esq.

    CPS worker may be liable if he/she fails to follow the strict Virginia laws regarding removing a child or has no legitimate basis to believe the child should be removed in the first place.

    Category Civil Rights, Due Process, Fourth Amendment, General, Litigation | Tags: , , , , ,

  3. Overturn My Conviction Based Upon Newly Discovered Evidence!

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    October 30, 2024 by Tom Roberts, Esq.

    Get Out of Jail!

    Overturning a conviction in Virginia based on newly discovered evidence involves a few specific legal steps – Seek Legal Help!

    Category Civil Rights, Criminal Law, Due Process, False Imprisonment, FOIA, General, Litigation | Tags: , , , , , , , , , , , , , , ,

  4. Richmond lags behind other cities in antiquated restrictions on the number of unrelated persons living together

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    October 5, 2024 by Tom Roberts, Esq.

    Richmond’s restrictions on unrelated adults living together are antiquated and violates due process and equal protection: Addressing growing affordable housing …
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    Category Civil Rights, Commentary, Due Process, General, Litigation | Tags: , , , , ,

  5. Virginia’s Best Personal Injury Law Firm

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    September 16, 2024 by Tom Roberts, Esq.

    You want the best personal injury attorney in Virginia. When you have been seriously injured or damaged in a personal …
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    Category Assault & Battery, Assault & Battery, Civil Rights, Due Process, Excessive Force, False Imprisonment, FOIA, Fourth Amendment, Freedom of Speech and Press, General, Libel & Slander, Litigation, Negligence, Personal Injury Law, Religious Freedom, Sexual Assault, Wrongful Death | Tags: , , , , , , , , , , , ,

  6. Statute of Limitations for Virginia Civil Penalties

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    June 4, 2024 by Tom Roberts, Esq.

    Statutory Civil Penalties assessed in Virginia, barring any express statute otherwise, have a 1 year statute of limitations, under VA …
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    Category Civil Rights, Criminal Law, Due Process, General, Litigation | Tags: , ,

  7. Can I sue police for not acting?

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    November 6, 2023 by Tom Roberts, Esq.

    Failure to Furnish Police Protection to Specific Individuals in Virginia Are Police Liable for Not Acting? Probably not.  Under the …
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    Category Civil Rights, Due Process, General, Personal Injury Law | Tags: , , , , , ,

  8. Lt. Caron Nazario update – Town of Windsor Settles suit by Virginia Attorney General – 9/7/2023

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    September 7, 2023 by Tom Roberts, Esq.

    Settlement by Town of Windsor 9/7/2023 – The Town of Windsor Virginia settles the suit brought against it stemming from …
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    Category Assault & Battery, Assault & Battery, Civil Rights, Commentary, Due Process, Excessive Force, False Imprisonment, First Amendment, Fourth Amendment, Freedom of Speech and Press, General, Litigation, Personal Injury Law | Tags: , , , , , , , , ,

  9. I just want to consult a Virginia lawyer!

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    August 24, 2023 by Tom Roberts, Esq.

    Zoom Legal Consultation with Virginia Lawyer! Sometimes you just need to speak to a Virginia attorney!  You may have called …
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    Category Assault & Battery, Assault & Battery, Civil Rights, Contract Law, Criminal Law, Defamation, Due Process, Employment Law, Excessive Force, False Imprisonment, First Amendment, FOIA, Fourth Amendment, Freedom of Speech and Press, General, Hostile Work Environment, Libel & Slander, Litigation, Negligence, Personal Injury Law, Religious Freedom, Sexual Assault, sexual harassment, Wrongful Death | Tags: , , , , , , , , , , , ,

  10. Summary Contempt and Punishment in Virginia

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    June 12, 2023 by Tom Roberts, Esq.

    When judges violate the law – summary contempt and punishment for conduct outside of their presence. Judges have substantial power …
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    Category Civil Rights, Due Process, General, Litigation | Tags: , , , , , , ,

  11. Suit Filed in Norfolk Against Windsor Police for Civil Rights Violations against Lt. Caron Nazario

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    April 8, 2021 by Tom Roberts, Esq.

    TO READ THE LATEST UPDATES – CLICK HERE Nazario v Gutierrez & Crocker, Case 2:21-cv-00169 -Filed 04/02/21 Eastern District of …
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    Category Assault & Battery, Civil Rights, Due Process, Excessive Force, False Imprisonment, Fourth Amendment, General, Litigation | Tags: , , , , , , , , , , , , , , , , , , , , ,

  12. TORTIOUS INTERFERENCE WITH PARENTAL RIGHTS

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    May 14, 2020 by Tom Roberts, Esq.

    TORTIOUS INTERFERENCE WITH PARENTAL RIGHTS Another litigation and appellate victory for the Law Firm!   On May 14, 2020, the Virginia …
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    Category Civil Rights, Due Process, Litigation | Tags: , , , , , , , , , , , , , , ,

  13. How do I get a copy of the search warrant, affidavit and return

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    March 4, 2020 by Tom Roberts, Esq.

    So, the police have searched your home but didn’t give you a copy of the warrant, the affidavit upon which …
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    Category Civil Rights, Criminal Law, Due Process, Fourth Amendment | Tags: , , , ,

  14. Sliding Scale For Personal Jurisdiction in Electronic and Internet Cases

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    December 22, 2018 by Tom Roberts, Esq.

    Sliding Scale For Personal Jurisdiction in Electronic and Internet Cases Thomas H. Roberts & Associates, PC scores in its opposition …
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    Category Due Process, General, Litigation | Tags: , , ,

  15. 2018 – Virginia Accepts 2 Civil Rights Appeals to Address Sovereign Immunity Issues

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    December 19, 2018 by Tom Roberts, Esq.

    Virginia Supreme Court grants two petitions to address sovereign immunity issues argued by Virginia’s Civil Rights Law Firm – Thomas …
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    Category Civil Rights, Due Process, Excessive Force, False Imprisonment, Fourth Amendment, General, Litigation | Tags:

  16. “Sex”, Bathrooms and the Rule of Law

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    April 20, 2016 by Tom Roberts, Esq.

    4-20-2016 – Attorneys Andrew T. Bodoh and Jonathan M. Arthur of the Virginia civil rights firm Thomas H. Roberts & …
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    Category Civil Rights, Due Process, General, Litigation, sexual harassment | Tags: , , , , , , , , ,

  17. Rights mean nothing unless those we do not like are afforded those rights.

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    January 29, 2016 by Tom Roberts, Esq.

    Thomas H. Roberts & Associates, PC represents people that many in society don’t like and would prefer had no rights. …
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    Category Assault & Battery, Civil Rights, Commentary, Due Process, Excessive Force, Fourth Amendment, Freedom of Speech and Press, Religious Freedom | Tags: , , , , , , , , , ,

  18. Isaac Roberts, 2015 law clerk, explains that the US Supreme Court has usurped from citizens the democratic process for amending the Constitution

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    September 17, 2015 by Tom Roberts, Esq.

    A 2015 summer high school law clerk for the law firm explains that the process for amending the Constitution by …
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    Category Civil Rights, Commentary, Due Process | Tags: , ,

  19. Rights of parents to religious training of their children in intra-parental custody-visitation disputes.

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    April 20, 2015 by Tom Roberts, Esq.

    How should courts deal with religious differences of parents and its impact upon the upbringing of children in the context …
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    Category Civil Rights, Commentary, Due Process, Religious Freedom | Tags: , , , , ,

  20. Can the Police Detain a Witness Who They do not of Suspect Wrongdoing?

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    February 11, 2014 by Tom Roberts, Esq.

    Question: Can the Police Detain a Witness Who They do not of Suspect Wrongdoing? Answer: Yes – but only under …
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    Category Civil Rights, Due Process, False Imprisonment, Fourth Amendment | Tags: , , , , , ,

  21. Challenging Local Criminal Ordinances In Virginia

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    July 8, 2013 by Tom Roberts, Esq.

    Challenging Local Criminal Ordinances in Virginia Attacking the Validity of a Local Ordinance – A Good Defense! The best defense …
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    Category Civil Rights, Criminal Law, Due Process, Freedom of Speech and Press, Religious Freedom | Tags: , , , , ,

  22. Can I sue a police officer for Brady violations – for concealment, doctoring, or destruction of evidence?

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    May 31, 2013 by Tom Roberts, Esq.

    Can I sue a police officer for Brady violations? § 1983 action against police officer for Brady violations–concealment, doctoring, or …
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    Category Civil Rights, Due Process | Tags: , , , , , , , , , ,

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