Corey Moody v. Danielle Hollandsworth


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:14-cv-00099-MSD-LRL. Copies to all parties and the district court. [1000090016]. [16-1814]

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Appeal: 16-1814 Doc: 32 Filed: 05/30/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-1814 COREY MOODY, Plaintiff – Appellant, v. DANIELLE HOLLANDSWORTH, individually; RANDY GIBSON, individually, Defendants – Appellees, and THE CITY OF NEWPORT NEWS, VIRGINIA; JAMES D. FOX, in his official capacity; RICHARD W. MYERS, in his official capacity; RUSSEL TINSLEY, individually; RYAN NORRIS, individually, Defendants. Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Mark S. Davis, District Judge. (4:14-cv-00099-MSD-LRL) Argued: May 11, 2017 Before WILKINSON, KING, and WYNN, Circuit Judges. Affirmed by unpublished per curiam opinion. Decided: May 30, 2017 Appeal: 16-1814 Doc: 32 Filed: 05/30/2017 Pg: 2 of 3 ARGUED: Timothy Gerard Clancy, CLANCY & WALTER, PLLC, Hampton, Virginia, for Appellant. James Arthur Cales, III, FURNISS, DAVIS, RASHKIND AND SAUNDERS, P.C., Norfolk, Virginia; Jeff W. Rosen, PENDER & COWARD, P.C., Virginia Beach, Virginia, for Appellees. ON BRIEF: Michael B. Ware, Adrienne M. Sakyi, SCHEMPF & WARE, PLLC, Yorktown, Virginia, for Appellant. Lisa Ehrich, PENDER & COWARD, P.C., Virginia Beach, Virginia, for Appellee Danielle Hollandsworth. Alan Brody Rashkind, FURNISS, DAVIS, RASHKIND AND SAUNDERS, P.C., Norfolk, Virginia, for Appellee Randy Gibson. Unpublished opinions are not binding precedent in this circuit. 2 Appeal: 16-1814 Doc: 32 Filed: 05/30/2017 Pg: 3 of 3 PER CURIAM: Corey Moody appeals from the district court’s awards of summary judgment to police officers Danielle Hollandsworth and Randy Gibson, in their individual capacities, in this 42 U.S.C. § 1983 civil action. See Moody v. City of Newport News, No. 4:14-cv00099 (E.D. Va. June 16, 2016) (the “Opinion”). Moody was severely injured by gunshot wounds suffered on December 12, 2012, during a traffic stop and arrest in Newport News, Virginia. The district court rejected Moody’s excessive force claims against Hollandsworth and Gibson, and ruled that both officers are entitled to qualified immunity. We have carefully assessed the arguments made by the parties in their briefs and at oral argument. We have also fully evaluated the record on appeal. Having done so, we are satisfied to adopt the reasoning and analysis of the district court and to affirm on the basis of the court’s comprehensive and well-crafted Opinion. AFFIRMED 3

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