Virginia Supreme Court Opinion Affecting Local Government Law: September 17, 2015

By: Andrew McRoberts, Editor.

The Virginia Supreme Court issued opinions on September 17, 2015 during its recent term.  This term resulted in one opinion affecting Virginia local government law, in the area of the Freedom of Information Act.  The opinion addresses the need – actually, the lack of a need – to redact documents when a portion of a […]

 

Police Shooting of Unarmed Suspect Who Threatened with Fake Gun Deemed Reasonable

By: Michelle L. Warden.

     Written by Michelle L. Warden and Cullen D. Seltzer Police Officers are often faced with unimaginable circumstances that most of society runs away from.  However, police officers took the oath to protect and serve, and to run towards that danger.  Sometimes, running towards that danger means that an officer will have to make a […]

 

Signs Signs, Everywhere a Sign: U.S. Supreme Court Decides Reed v. Town of Gilbert

By: Cullen Seltzer.

The Supreme Court of the United States handed down today an important First Amendment case concerning governments’ ability to regulate commonly displayed informational signs. In Reed v. Town of Gilbert, the US Supreme Court (Justice Thomas wrote for a six Justice majority with three other Justices concurring) struck down a town’s Sign Code that regulated the […]

 

Kingsley v. Hendrickson: Excessive Force is in the Eye of the Objective Beholder

By: Cullen Seltzer.

The Supreme Court of the United States, in Kingsley v. Hendrickson, waded into the metaphysical discussion of what plaintiffs must prove about corrections officers’ state of mind in a lawsuit alleging the officers used excessive force against an inmate.  In the process, the High Court made it incrementally easier for plaintiffs to prove an excessive […]

 

Virginia Supreme Court Opinions Affecting Local Government Law: June 4, 2015

By: Andrew McRoberts, Editor.

The Virginia Supreme Court issued opinions on June 4, 2015 during its June term.  This term resulted in several opinions affecting Virginia local government law.  These opinions addressed defamation alleged from statements by a planning commissioner, more defamation alleged from statements made by public school officials, and the grievance of an employee of a redevelopment […]

 

Virginia Supreme Court Opinions Affecting Local Government Law – April 16, 2015

By: Andrew McRoberts, Editor.

The Virginia Supreme Court issued opinions this morning during its April term.  This term resulted in several opinions affecting Virginia local government law.  Opinions addressed evidence in a condemnation case, interpreted the Freedom of Information Act after release of a document by a Sheriff, and included the long-awaited opinion in the appeal from the State […]

 

Virginia Supreme Court Opinions Affecting Local Government Law – February 26, 2015

By: Andrew McRoberts, Editor.

This term resulted in two cases which, in our opinion, affect Virginia local government law.  One, decided by order, deals with the effect of a failure to name a necessary party (a governing body) in appealing a BZA decision.  The other addresses the difference between a local government and its constitutional officers (a sheriff) in […]

 

An ICE Detainer is Merely a Request—Not a Requirement

By: Michelle L. Warden.

Written by Jim Cornwell and Michelle Warden Law enforcement officers and agencies are often faced with deciding whether they are required to detain an otherwise releasable prisoner when there is a detainer on the prisoner from the federal Department of Immigration and Customs Enforcement (“ICE”) on file. The Commonwealth of Virginia’s Office of the Attorney […]

 

T-Mobile South, LLC v. City of Roswell – Contemporaneous Reasons Needed for Denying Cell Towers

By: Andrew McRoberts, Editor.

By Andrew R. McRoberts and Cullen D. Seltzer On January 14, 2014, the United States Supreme Court issued its opinion in T-Mobile South, LLC v. City of Roswell. At issue was the breadth of the requirement in 47 U.S.C. § 332(c)(7)(B)(iii) of the Telecommunications Act of 1996 (the “Act”), which provides that a locality’s denial […]

 

Virginia Supreme Court Opinions Affecting Local Government Law – January 8, 2015

By: Andrew McRoberts, Editor.

Happy New Year!  The Virginia Supreme Court issued opinions yesterday, its first term for 2015.  This term resulted in cases which, in various ways, deal with the authority of government entities (Workers Compensation Commission to address issues other than compensation, Virginia Department of Health to regulate smoking at a hookah bar, State Tax Commissioner to […]