Lt. Nazario v Town of Windsor Police Officers – Official Update

Posted Posted in Assault & Battery, Assault & Battery, Civil Rights, Excessive Force, Fourth Amendment, Freedom of Speech and Press, General, Litigation, Personal Injury Law

Because this important civil rights case highlights the need for national attention and reform – this page will serve the public’s right to know TO HELP LT. NAZARIO CLICK HERE! The Court Action – Notes and Public Documents 5/14/2021 – Gutierrez response to complaint 5/14/2021 – Defendant Gutierrez filed responses.  He has challenged the 1st […]

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

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

Nazario v Gutierrez & Crocker, Case 2:21-cv-00169 -Filed 04/02/21 Eastern District of Virginia, Norfolk This action arises from the behaviors of two Windsor [Virginia] police officers, Joe Gutierrez and Daniel Crocker (jointly, the “Defendants”), who, while on duty and in uniform, initiated a traffic stop against a uniformed U.S. Army Officer, Lt. Caron Nazario, who […]

Does the statute of limitations toll because I didn’t know that I could file a lawsuit or because I didn’t know the name of the defendant?

Posted Posted in General, Litigation, Personal Injury Law

NO! BUT MAYBE – when it comes to Misnomer v Misjoinder? No, unless the defendant has actually obstructed you from filing suit by direct or indirect means through improper means. Your ignorance of the law or feeling overwhelmed with life is not enough to prevent the statute of limitations from tolling.  When you don’t know […]

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 […]

Worker’s Compensation Windfall and Legal Malpractice Pitfall Whenever a Prosthetic Device is Used in Treatment

Posted Posted in Commentary, General, Litigation, Personal Injury Law

Worker’s Compensation Windfall and Legal Malpractice Pitfall Whenever a Prosthetic Device is Used in Treatment.   Until the Virginia legislature acts, employees get a windfall under the current Worker’s Compensation law in Virginia – they get the benefit of medical treatment but if a prosthetic device is used the employer does not get any credit […]

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 […]

Defamation Republication on the Internet

Posted Posted in Defamation, First Amendment, General, Libel & Slander, Litigation

When is a statement “republished” on the internet or in social media, so as to constitute a new cause of action for defamation restarting the statute of limitations?   A:  Republication occurs when (1) the original publication was modified; or (2) the republication was directed to a new, different audience not merely though a link […]

How do I file suit by myself in Virginia? Pro Se in General District Court

Posted Posted in General, Litigation

Litigation is often expensive.  There are many cases where it just doesn’t make financial sense to hire an attorney.  This article is intended to provide a guide for individuals that want to litigate without an attorney called “pro se”. THE RIGHT TO REPRESENT YOURSELF. Individuals have the right to represent themselves in court.  You do […]