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Doud v. Commonwealth
100285 Doud v. Commonwealth 09/16/2011 The sovereign immunity of the Commonwealth was not waived with respect to a negligence claim arising out of injuries suffered by plaintiff's decedent while incarcerated, …
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100285 Doud v. Commonwealth 09/16/2011 The sovereign immunity of the Commonwealth was not waived with respect to a negligence cla…
- Court
- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- September 16, 2011
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100285 Doud v. Commonwealth 09/16/2011 The sovereign immunity of the Commonwealth was not waived with respect to a negligence claim arising out of injuries suffered by plaintiff's decedent while incarcerated, allegedly resulting from actions of a county sheriff, sheriff's deputies and jailors, since the sheriff is a constitutional officer under the Constitution of Virginia, and not an "employee" of the Commonwealth within the definitions contained in the Virginia Tort Claims Act, Code §§ 8.01-195.1 et seq., governing the express waiver of sovereign immunity. As a result, the circuit correctly dismissed the case for lack of subject-matter jurisdiction. The judgment of the circuit court is af…
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· Supreme Court of Virginia
Dismissed
The court's record, as written
100285 Doud v. Commonwealth 09/16/2011 The sovereign immunity of the Commonwealth was not waived with respect to a negligence claim arising out of injuries suffered by plaintiff's decedent while incarcerated, allegedly resulting from actions of a county sheriff, sheriff's deputies and jailors, since the sheriff is a constitutional officer under the Constitution of Virginia, and not an "employee" of the Commonwealth within the definitions contained in the Virginia Tort Claims Act, Code §§ 8.01-195.1 et seq., governing the express waiver of sovereign immunity. As a result, the circuit correctly dismissed the case for lack of subject-matter jurisdiction. The judgment of the circuit court is af…
Outcome words in this text: dismissed.
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