A Society Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (2011)

Citation: A Society Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (2011)
Parent Document: A Society Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (2011)
Jurisdiction: United States (federal)
Effective Date: 2011-08-24
Original Source: https://www.courtlistener.com/opinion/612506/a-society-without-a-name-v-commo... ↗

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Like Judge Motz, I join Judge Gilman’s conclusion that the conspiracy claim was properly dismissed because an agreement was not sufficiently alleged. I also join Judge Gilman’s conclusion that the retaliation claim was properly dismissed because Virginia Commonwealth University’s (“VCU”) alleged promise to provide transportation was merely gratuitous. However, I disagree with Judge Gilman’s and Judge Motz’s conclusion that A Society Without A Name’s (“ASWAN”) claims under the Fair Housing Act (“FHA”), Americans With Disabilities Act (“ADA”), Equal Protection Clause, and 42 U.S.C. § 1983 accrued when the Conrad Center opened and that subsequent acts alleged in the Second Amended Complaint do not constitute continuing violations.1 Because I conclude that ASWAN plausibly alleged continuing violations against Homeward, VCU, and the City of Richmond, I must respectfully dissent in part.

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