Court Cases

The Virginia Department of Corrections denies equal services to people who are blind or visually impaired. So we sued.

The ACLU of Virginia filed Anderson v. Clarke in the Albemarle County Circuit Court, challenging the continued incarceration of Antoine Anderson and demanding his immediate release from Virginia Department of Corrections (VDOC) custody. The petition for a writ of habeas corpus asserts that VDOC officials wrongly interpreted the Governor’s Amendment 19 to the 2022 Budget Bill to apply retroactively, negating the sentence credits earned by Mr. Anderson prior to the budget going into effect.

ACLU of Virginia and Muslim Advocates filed an emergency complaint on behalf of Dwayne Law, Jr., a Muslim man incarcerated at a state prison in Baskerville, VA. The complaint asks a federal court to force the facility to provide him with meals before sunrise and after sunset so that he may observe the Muslim holy month of Ramadan. By refusing to allow Mr. Law to eat with other fasting Muslims during non-daylight hours, Baskerville Correctional Center staff and Warden David Zook are unconstitutionally forcing him to choose between eating to survive during the day or adhering to his deeply-held religious beliefs.

The ACLU of Virginia entered an appearance in a federal lawsuit on behalf of Randy Burke, an incarcerated person within the Virginia Department of Corrections (VDOC). Mr. Burke is a practicing Rastafarian who was put in solitary confinement for over five years for refusing to cut his hair, even though cutting his hair would violate a tenet of his religion. During his time in solitary confinement, he was also denied opportunities to practice his religion, including receiving religious services, religious items, and holiday meals.

The ACLU of Virginia joined a federal class action lawsuit as co-counsel with Charlottesville attorney Elliott Harding on behalf of 27 people who are incarcerated in Virginia prisons. The lawsuit was filed Wednesday, April 8 against Gov. Ralph Northam, Secretary of Public Safety Brian Moran and other state officials. It alleges that Virginia is violating the U.S. Constitution by failing to decarcerate overcrowded facilities during the COVID-19 pandemic, and asks that the Commonwealth be ordered to immediately decrease the number of people in custody, implement policies for social distancing, and require staff members to wear personal protection equipment.

Over confinement of State-Responsible Prisoner in Virginia Beach Correctional Center

Restoration of voting rights

Right to Abortion for Jail Inmate