Constitutional Law and Civil Rights Litigation

John A. Gibney, Jr. and Robert A. Dybing have tried civil rights cases involving constitutional issues in federal and state courts across Virginia. Their experience includes cases dealing with:

First Amendment—free speech; free press; freedom of religion, retaliation
Fourth Amendment—searches and seizures, use of force by law enforcement officers
Fifth Amendment—takings claims, testimonial privileges, and (for federal defendants) substantive and procedural due process and equal protection
Sixth Amendment—assistance of counsel and access to courts (Bounds v. Smith claims)
Eight Amendment—excessive force; conditions of confinement; medical care (Estelle v. Gamble claims)
Ninth Amendment—fundamental personal liberties
Tenth Amendment—federalism claims and defenses
Eleventh Amendment—sovereign immunity and Ex parte Young claims
Fourteenth Amendment—all incorporated Bill of Rights claims; liberty and property interest claims based on procedural and substantive due process; name-clearing hearings; equal protection; conditions of confinement for arrestees and pre-trial detainees

In addition to claims arising under the U. S. Constitution, actionable pursuant to 42 U.S.C. § 1983, our firm has handled statutory causes of action based on:

Title VII of the Civil Rights Act of 1964 (gender, race, sexual harassment, retaliation)
42 U.S.C. § 1981
Americans with Disabilities Act
Age Discrimination in Employment Act
Title IX of the Education Amendments of 1972, 20 U.S.C § 1681 et seq.

John Gibney and Bob Dybing have dozens of published appellate cases, many of which either establish the controlling legal standard or address civil rights and constitutional issues of public importance, including Taylor v. Waters, 81 F.3d 429 (4th Cir. 1996); Figg v. Schroeder, 312 F.3d 625 (4th Cir. 2002); and Garraghty v. Com. of Va., Dept. of Corrections, 52 F.3d 1274 (4th Cir. 1995).