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 […]

TORTIOUS INTERFERENCE WITH PARENTAL RIGHTS

Posted Posted in Civil Rights, Due Process, Litigation

TORTIOUS INTERFERENCE WITH PARENTAL RIGHTS   Another litigation and appellate victory!  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 interference with parental […]

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 […]

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 […]

Can I sue my employer for sexual harassment by non-employees?

Posted Posted in Civil Rights, Employment Law, sexual harassment

Q. Can I sue my employer for sexual harassment by non-employees? A. Yes – if the employer knew and negligently failed to take remedial steps to stop or prevent the sexual harassment. A hostile work environment based upon sexual harassment. Generally speaking, in order to prove sexual harassment based on a hostile work environment, a […]

Can an employer be held liable for negligent training in Virginia?

Posted Posted in Negligence, Personal Injury Law

Q.        Can an employer be held liable to a third person for negligent training of its employee in Virginia?  A.        Yes. While many would answer that question in the negative, those individuals would be grossly overgeneralizing the language used by the Virginia Supreme Court in Chesapeake & Potomac Tel. Co. v. Dowdy, 235 Va. 55, […]

Are public employees protected against discharge and retaliation for things they say as a citizen?

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

Are public employees protected against discharge and retaliation for things they say as a citizen? Public employees do not shed constitutional protections when they enter the work place.    In the absence of proof that the public employee knowingly or recklessly made false statements, a public or government employee has a right to speak as […]