Thomas Tullidge Cullen
How Judge Cullen decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On qualified immunity, the court looks past the absence of a case with identical facts and asks whether the core constitutional principle was clearly established, treating retaliation against protected speech as a settled category even in a novel factual setting (a college coach and a kneeling protest).
“defendants 'can still be on notice that their conduct violates established law even in novel factual circumstances,' so long as the law provided 'fair warning' that their conduct was unconstitutional.”
Procedural preferences
When screening a pro se prisoner complaint under Section 1915, the court dismisses claims that are not yet adequately pled but leaves a concrete path to reopen against the one defendant whose conduct might state a claim with more factual development, rather than closing the case outright.
“because Moore's allegations could state a plausible claim for relief as to Dr. MacDonald with further factual development, the court will dismiss this action without prejudice as to Dr. MacDonald. Moore will have 21 days to file a motion to reopen the case with an amended complaint against Dr. MacDonald, if he so chooses.”
Cautions
On review of a magistrate judge's discovery order, the court gave the objecting party's arguments a full hearing on the papers but ultimately deferred to the magistrate judge's relevance analysis, ordering full compliance rather than narrowing the discovery obligation.
“overruling 109 Objections ... The Town is ORDERED to produce all documents and communications related to its former outside counsel ... investigation of and involvement in Plaintiff Jennifer Berry Brown's sexual harassment allegations.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
A pro se inmate proceeding in forma pauperis sued the Western Virginia Regional Jail superintendent, a physician, and the jail's medical contractor over delayed treatment for a liver referral and hernia. On sua sponte screening under 28 U.S.C. 1915(e)(2)(B)(ii), Cullen found no cognizable Eighth Amendment claim against any named defendant because the allegations against the physician amounted to a doctor-patient disagreement and the other defendants were not tied to specific conduct. He dismissed while allowing 21 days to move to reopen with an amended complaint against the physician.
“For the reasons discussed above, the court will grant the respondent's motion to dismiss.”
“For these reasons, the court will deny Adair's motion for summary judgment, and this matter will proceed to trial.”
“For these reasons, Hallacher’s complaint fails to state claims for breach of contract or conversion, and the court will grant Allstate’s motion to dismiss.”
“For these reasons, and because the parties’ factual dispute and the basis of Defendants’ motion are inapposite, the court will deny Defendant’s motion for reconsideration.”
“For the reasons stated above, the court does not find that PHS committed fraud on the court. A separate order will issue.”
“For the reasons stated, the court will grant the defendants’ motion for summary judgment.”
Cullen dismissed a pro se prisoner's amended complaint against a municipal defendant sua sponte under 28 U.S.C. 1915A. Verbatim disposition: "For the reasons stated, the court will dismiss Helton’s amended complaint without prejudice under 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted."
“For the forgoing reasons, the court will award attorney’s fees to Scearce, the prevailing party, in the amount of $22,500. Costs will also be awarded in the amount of $1,914.75.”
“For all of these reasons, the court will grant Divens’s motion to exclude the late-noticed expert testimony and deny the motion to continue the trial.”
“For these reasons, the court will grant Walmart’s motion for summary judgment.”
“For these reasons, no sanctions or finding instruction is necessary. Plaintiff failed to establish that Walmart breached the standard of care it owed to Plaintiff, and her motion for sanctions is untimely and meritless.”
“Because there is no genuine dispute of material fact regarding Gowen’s failure to file a grievance regarding his placement in administrative segregation, he failed to exhaust the available administrative remedies as required by federal law. Defendant’s motion for summary judgment will therefore be granted.”
Put Judge Cullen's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Cullen actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Cullen's own signed orders and cites them.