Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
Judge says city councilors can be held liable in lawsuit over vote to remove C'ville monuments
Would be quite a twist in Cville if the Confederate statues stay and the officials who wanted to take them down get punished under state law
Link to tweet
BREAKING: A judge says city councilors can be held liable in a lawsuit over a vote to remove Charlottesville's two Confederate monuments.
Link to tweet
Judge: Councilors can be held liable in Confederate statue lawsuit
The Daily Progress staff reports 12 hrs ago
The city councilors who voted for the removal of Charlottesville's two Confederate monuments may be liable for damages and legal fees if the court ultimately rules in favor of the plaintiffs in the case, according to a written opinion signed Thursday by Charlottesville Circuit Judge Richard E. Moore.
In a news release, The Monument Fund, a group involved in the lawsuit against the city, announced that the court had sent the parties a letter explaining its opinion on whether the councilors are entitled to immunity. ... “There may still be some questions, even if defendants are not immune, as to what damages they might be liable for, but they cannot, in any event, be immune to injunctions or fines or other sanctions for disobeying court orders,”
In the nine-page letter, Moore says that he thinks the council “was acting beyond its authority” and that it was not a “legitimate” legislative activity when the council voted to remove the statues, in contravention with a state law that prohibits the disturbance or removal of war memorials.
The letter goes on to say that granting the city and the councilors “immunity in this case and context would make [Virginia Code] 15.2 1812 and 1812.1 meaningless as to local authorities.” ... According to the news release, the judge also determined that the fencing around the statues also could be a violation of the state law.
....
Send news tips to news@dailyprogress.com, call (434) 978-7264, tweet us @DailyProgress or send us a Facebook message here.
The Daily Progress staff reports 12 hrs ago
The city councilors who voted for the removal of Charlottesville's two Confederate monuments may be liable for damages and legal fees if the court ultimately rules in favor of the plaintiffs in the case, according to a written opinion signed Thursday by Charlottesville Circuit Judge Richard E. Moore.
In a news release, The Monument Fund, a group involved in the lawsuit against the city, announced that the court had sent the parties a letter explaining its opinion on whether the councilors are entitled to immunity. ... “There may still be some questions, even if defendants are not immune, as to what damages they might be liable for, but they cannot, in any event, be immune to injunctions or fines or other sanctions for disobeying court orders,”
In the nine-page letter, Moore says that he thinks the council “was acting beyond its authority” and that it was not a “legitimate” legislative activity when the council voted to remove the statues, in contravention with a state law that prohibits the disturbance or removal of war memorials.
The letter goes on to say that granting the city and the councilors “immunity in this case and context would make [Virginia Code] 15.2 1812 and 1812.1 meaningless as to local authorities.” ... According to the news release, the judge also determined that the fencing around the statues also could be a violation of the state law.
....
Send news tips to news@dailyprogress.com, call (434) 978-7264, tweet us @DailyProgress or send us a Facebook message here.
