Legal Opinion

Bryan Manning v. Donald Caldwell

Court of Appeals for the Fourth Circuit

Decided August 9, 2018No. 17-1320PublishedCited by 3 opinions

1Opinion of the Court

WILKINSON, Circuit Judge:

Virginia law criminalizes the possession, purchase, or consumption of alcohol by someone who has been interdicted by a Virginia court. Interdiction is a civil order designating that a person is a "habitual drunkard" or has been convicted of driving while intoxicated. In this case, a group of homeless people suffering from alcoholism challenged the constitutionality of Virginia's interdiction statute under the Eighth Amendment's prohibition on criminalizing status, and the Fourteenth Amendment's guarantee of Due Process and Equal Protection. The district court…

Also in this document: Concurring in the judgment.

2Cases cited33 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Paul v. DavisSupreme Court of the United States · 1976
  3. Ingraham v. WrightSupreme Court of the United States · 1977
  4. Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981
  5. Washington v. GlucksbergSupreme Court of the United States · 1997

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3Cited by3 opinions

  1. Robert Martin v. City of BoiseCourt of Appeals for the Ninth Circuit · 2019
  2. Manning v. Caldwell for City of RoanokeCourt of Appeals for the Fourth Circuit · 2019
  3. PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. V STEINDistrict Court, M.D. North Carolina · 2020

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