Thomas Tullidge Cullen

How Judge Cullen rules, drawn from 26 signed orders. Every observation links to the order it came from.

Court
United States District Court for the Western District of Virginia
Position
District judge
Appointed by
Donald Trump (Republican)
Commissioned
September 15, 2020
ABA rating
Well Qualified
Education
Furman University, B.A. cum laude, 2000; William & Mary Law School (College of William and Mary), J.D., 2004
Signed orders read
26

About Judge Cullen

Thomas Tullidge Cullen is a judge of the United States District Court for the Western District of Virginia. Appointed by President Donald J. Trump, Judge Cullen received a commission on September 15, 2020.

Judge Cullen's practices and standing orders

The court's website lists no individual practices or standing orders of Judge Cullen's own (checked October 9, 2026), so the court's local rules and general orders are the place to look (court page ↗).

Standing orders for every case in this court

Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 9, 2026).

Key rules from these orders · The court's local rules ↗

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.”

In Harrison v. Montgomery County School Board, Cullen found that the teacher’s alleged reprimand, intimidation, and negative evaluation, together with specific claimed harms, plausibly supported retaliation at the pleading stage. He denied the Board’s partial dismissal motion.

“these allegations are specific enough for Harrison’s retaliation claim to proceed to discovery.”

Procedural preferences

In Moore's prisoner civil-rights case, Cullen dismissed the claim against Dr. MacDonald without prejudice and gave Moore 21 days to seek reopening with a more detailed amended complaint.

“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.”

In Taylor v. Wilson, Cullen granted summary judgment on the remaining excessive force claims after finding the detainee had made no required informal grievance requests and had not shown the process was unavailable. He denied the detainee’s pending motions as moot.

“Here, the undisputed facts in the record show that Taylor failed to exhaust his administrative remedies under the IH as to his claims against Wilson.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Moore v. Russell
7:20-cv-00341 · 2020-12-01

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.

Baker v. Clarke
7:18-cv-00620 · 2020-11-13
Motions to dismiss (respondent) Granted

“For the reasons discussed above, the court will grant the respondent’s motion to dismiss.”

Hening v. Adair
7:21-cv-00131 · 2022-12-02
Summary judgment (defendant) Denied

“For these reasons, the court will deny Adair's motion for summary judgment, and this matter will proceed to trial.”

Hallacher v. The Allstate Insurance Co.
7:21-cv-00466 · 2022-01-19
Motions to dismiss (defendant) Granted

“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.”

Scarborough v. Frederick County School Board
5:20-cv-00069 · 2021-03-09
Motion for reconsideration (defendant) Denied

“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.”

Power Home Solar, LLC v. Sigora Solar, LLC
3:20-cv-00042 · 2021-08-12
Motion alleging fraud on the court (defendant) Denied

“For the reasons stated above, the court does not find that PHS committed fraud on the court. A separate order will issue.”

Browning v. Ball
7:20-cv-00223 · 2021-10-13
Summary judgment (defendant) Granted

“For the reasons stated, the court will grant the defendants’ motion for summary judgment.”

Helton v. Henry County, Virginia
7:20-cv-00051 · 2021-06-22

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."

Scearce v. Ingram
4:23-cv-00012 · 2024-10-30
Motion for attorney fees (plaintiff) Granted in part

“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.”

Divens v. Maust Trucking, Inc.
4:19-cv-00001 · 2020-10-14
Motion in limine to exclude expert testimony (plaintiff) Granted

“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.”

Motion to continue (defendant) Denied
Turner v. Walmart Stores East, LP
4:20-cv-00041 · 2021-05-05
Summary judgment (defendant) Granted

“For these reasons, the court will grant Walmart’s motion for summary judgment.”

Motion for sanctions (plaintiff) Denied

“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.”

Gowen v. Winfield
7:20-cv-00247 · 2022-03-18
Summary judgment (defendant) Granted

“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.”

Pending matters in the official report

Reported by the Administrative Office of the U.S. Courts under the Civil Justice Reform Act, as of March 31, 2026.

Motions pending more than six months1
Bench trials submitted more than six months0
Bankruptcy appeals pending more than six months0
Social Security appeals pending more than six months0
Civil cases pending more than three years5
ReportMotions over six monthsCases over three years
Mar 202615
Sep 202503
Mar 202502
Sep 202402
Mar 202402
Sep 202300
Mar 202312
Sep 202203
Mar 202202
Sep 2021233
Mar 202150
Sep 202000

A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.

How long civil cases take in this court

For the whole of United States District Court for the Western District of Virginia, not for Judge Cullen: median time from filing to disposition of the civil cases the court closed in the 12 months ending September 30, 2025, as reported by the Administrative Office of the U.S. Courts.

CasesMedian time
All civil cases closed5179.2 months
Closed with no court action486.9 months
Closed before pretrial4479.3 months
Closed during or after pretrial1413.1 months
Closed during trial8not reported
12 months endingCases closedMedian time
Sep 20255179.2 months
Sep 20245359.5 months
Sep 202351111 months
Sep 202261014.1 months
Sep 202165511.1 months
Sep 202058810.9 months
Sep 201961811.3 months

The table leaves out prisoner petitions, land condemnations, deportation reviews, recovery of overpayments and enforcement of judgments, and reports no median for fewer than 10 cases. A district that closed a large multidistrict litigation in the period shows very large counts and long medians for that year. Source: Table C-5, U.S. District Courts (spreadsheet).

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