6 results for 'judge:"Gibney "'.
J. Gibney denies the state officials' motion to dismiss a count asking the court to use its equitable powers to enjoin the officials from enforcing a felony voter disenfranchisement provision that violates the Virginia Readmission Act. When Virginia sought to rejoin the Union in 1870, congress created an act that said that Virginia could never alter its constitution to disenfranchise citizens who could vote under Virginia's then-controlling constitution. The Act came with the exception that Virginia could amend its constitution to disenfranchise those convicted of crimes that, in 1870, were common law felonies, including murder, rape, and arson. Two former felons convicted of felonies not included as common law felonies properly alleged that Virginia is engaging in an ongoing violation of federal law.
Court: USDC Eastern District of Virginia, Judge: Gibney, Filed On: March 18, 2024, Case #: 3:23cv48, NOS: Voting - Civil Rights, Categories: Civil Rights, Constitution, Elections
J. Gibney denies the county's motion to dismiss claims of labor law violations. In the county, sheriff deputies are expected to call in on the way to their shifts to make themselves available for emergency calls and assignments. The former sheriff's deputy properly alleged that he and others in his position are entitled to overtime pay for the pre-shift, on-duty period.
Court: USDC Eastern District of Virginia, Judge: Gibney , Filed On: March 18, 2024, Case #: 3:23cv325, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Government, Workers' Compensation
J. Gibney grants the deputy's motion for judgment on unlawful arrest and illegal detention claims. Two brothers walked on a road near a courthouse when a police officer noticed them and approached them. The brothers, who were recording video at the time, told the officer that they were within their rights to be on the road filming and even went as far as telling the cop that as long as he did not violated their rights they would not hurt them. The officer had probable cause to arrest the pair because walking on the roadway is illegal.
Court: USDC Eastern District of Virginia, Judge: Gibney , Filed On: March 4, 2024, Case #: 3:21cv575, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Police Misconduct
J. Gibney grants partial summary judgment to the agency. Half of the women suing for violation of the Equal Pay Act, alleging male comparators are paid higher, failed to show that factors like job performance and experience weren't considered when creating their salaries.
Court: USDC Eastern District of Virginia, Judge: Gibney, Filed On: August 11, 2023, Case #: 3:22cv11, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Employment Discrimination, Labor
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