Jupiter Wilson, Sr. v. City of Chesapeake

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:14-cv-00420-MSD-DEM Copies to all parties and the district court/agency. [999658275]. Mailed to: Jupiter Dennell Wilson Sr. 1600 Head of River Road Chesapeake, VA 23322. [15-1480]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-1480

JUPITER DENNELL WILSON, SR.,
Plaintiff - Appellant,
v.
CITY OF CHESAPEAKE; CITY OF CHESAPEAKE FIRE DEPARTMENT;
CHIEF EDMOND ELLIOT, in their individual and official
capacity; DEPUTY CHIEF DAN FERMIL, in their individual and
official capacity; DEPUTY CHIEF ALVIN ELLIS, in their
individual and official capacity; DIVISION CHIEF JEFFREY
RABEAU, in their individual and official capacity; BATTALION
CHIEF CARLTON ACKISS, in their individual and official
capacity; CAPTAIN MICHAEL TORTURA, in their individual and
official capacity; LIEUTENANT WILLIAM DISAROON, in their
individual and official capacity; LIEUTENANT DUANE DAGGERS,
in their individual and official capacity; LIEUTENANT JERRY
BOHN, in their individual and official capacity,
Defendants - Appellees.

Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.
Mark S. Davis, District
Judge. (2:14-cv-00420-MSD-DEM)

Submitted:

September 9, 2015

Decided:

September 11, 2015

Before SHEDD, WYNN, and FLOYD, Circuit Judges.

Affirmed as modified by unpublished per curiam opinion.

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Jupiter Dennell Wilson, Sr., Appellant Pro Se.
Melissa Anne
Hamann, Dana English Sanford, OFFICE OF THE CITY ATTORNEY,
Chesapeake, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jupiter
granting

Wilson,

Sr.,

Defendants’

appeals

motion

to

the

district

dismiss

his

court’s

action

order

alleging

violations of Title VII of the Civil Rights Act of 1964, 42
U.S.C.A. §§ 2000e to 2000e-17 (West 2012 & Supp. 2015), and the
Age Discrimination in Employment Act of 1967, 29 U.S.C.A. §§ 621
to 634 (West 2008 & Supp. 2015).
and find no reversible error.
the

dismissal

order

to

We have reviewed the record

Accordingly, although we modify

reflect

individual

that

the

defendants

district

dismissal

of

the

capacities

is

without

modified.

Wilson v. City of Chesapeake, No. 2:14-cv-00420-MSD-

prejudice,

we

in

affirm

their

court’s

the

official

dismissal

DEM (E.D. Va. filed Apr. 3 & entered Apr. 6, 2015).

as

We dispense

with oral argument because the facts and legal contentions are
adequately

presented

in

the

materials

before

this

court

and

argument would not aid the decisional process.

AFFIRMED AS MODIFIED

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