Settlement Terms Released for 2020 RPD Violations of 1st Amendment Rights of Protestors at Lee Circle on June 1, 2020.

Posted Posted in General

Transparency – Part of the terms of the Settlement! City of Richmond to donate June 1, 2020 protest materials to Library of Virginia for public access. (Links below!!!) Public can also contribute materials from June 1 protest to the archive. A settlement brokered by Thomas H. Roberts & Associates, P.C., a civil rights law firm […]

Happy 4th of July!

Posted Posted in General

Happy 4th of July! Musing of Tom Roberts, a civil rights attorney in Richmond Virginia. Sometime over the 4 day weekend, amidst cookouts, beer and fireworks, you might ask, “So what actually happened on July 4, 1776 – ‘Independence Day’?” We celebrate the 4th of July, because on July 4, 1776 the Second Continental Congress […]

“Legal Mail” in prisons & jails

Posted Posted in General

6th Amendment – right to counsel The opening of legal mail out of a prisoner’s presence may cause some prejudice by inhibiting the prisoner and his attorney from discussing in such correspondence matters which they would wish to remain confidential, and this might affect the lawyer’s ability to represent his client most effectively, with protections […]

Parental Rights – Termination of parental right and adoption and Va Code § 63.2-1215 factors

Posted Posted in General

3-15-2022 – Reversal of Termination of Parental Rights. On March 15, 2022, the Virginia Court of Appeals reversed the Prince William County Circuit Court’s termination of parental rights of Mulvey. The opinion reaffirmed the parent’s constitutionally protected interest in maintaining the parent-child relationship.  Judge Wesley G. Russell, writing for the Court, quoting the United States […]

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

TO READ THE LATEST UPDATES – CLICK HERE 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 […]

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 […]

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

Posted Posted in Civil Rights, Due Process

Can I sue a police officer for Brady violations? § 1983 action against police officer for Brady violations–concealment, doctoring, or destruction of evidence Summary of Brady Law ____________________________________________________  What is Brady?  What is a Brady Violation? In Brady v. Maryland, the Supreme Court held “that the suppression by the prosecution of evidence favorable to an […]

Prior Restraint of Speech – First Amendment Violations

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

RIGHT TO BE FREE FROM PRIOR RESTRAINT AND CENSORSHIP IN VIRGINIA You Can Help Defray the Legal Fees of Cox and Karn – To Help In This Battle The law firm of Thomas H. Roberts & Associates, P.C., an affiliate law firm of Freedom Works Foundation, is proud to stand against prior restraints and censorship […]