Court Cases

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.

Parents of children with disabilities in Virginia’s public schools filed a federal lawsuit challenging Governor Youngkin’s Executive Order 2, which provides that parents of students attending Virginia public schools can elect for their children to not be subjected to mask mandates in effect at the child’s school or educational program. This order was issued despite the Centers for Disease Control (CDC) guidance that "recommends indoor masking for all individuals ages 2 years and older, including students, teachers, staff, and visitors, regardless of vaccination." The Executive Order went into effect on January 24 and comes at a time when infection rates in Virginia for children are higher than ever.

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 filed a lawsuit on behalf of protesters and the youth activists of the Virginia Student Power Network (VSPN) against the City of Richmond, the Richmond Police Department (RPD) and the Virginia State Police (VSP) for violating their constitutional rights to free speech, assembly and protest.

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.