Summerville v. Shields
Filing
24
MEMORANDUM OPINION. Signed by District Judge James C. Cacheris on 8/22/2013. (rban, )
rFORTiiiVl L_Jl fry,
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINI
Alexandria Division
1,1 ' AUG 22 2013 l[l|
CLERK, U.S. DISTRIcffJOURT
ALEXANDRIA. VIR^Uflr
Marlon Summcrvillc,
Plaintiff,
l:12cv!505(JCC/TRJ)
C.W. Shields,
Defendant.
MEMORANDUM OPINION
Marlon Summerville, a Virginia inmate proceeding gro se, has filed a civil rights action,
pursuant to 42 U.S.C. ยง 1983, alleging that Officer Shields used excessive force during plaintiffs
arrest in violation of the Fourth Amendment. Defendant filed a Motion to Dismiss/Motion for
Summary Judgment and accompanying memorandum and informed plaintiff that he had twentyone (21) days to respond pursuant to Rosehoro v. Garrison, 528 F.2d 309 (4th Cir. 1975). In
response, plaintiff filed Motion to Voluntarily Dismiss this action. The court cannot dismiss an
action without a stipulation of dismissal signed by all parties. See Fed. R. Civ. P. 41(a)(1).
Because defendant has opposed the Motion to Voluntarily Dismiss, it will be denied. For the
following reasons. Officer Shields's Motion to Dismiss/Motion for Summary Judgment will be
granted, and summary judgment will be entered in his favor.
I. Background
The following facts are undisputed:
On January 2, 2012, Summerville went to Prince William Hospital "for a change in
Mental Status Review." He was experiencing difficulty focusing, thinking, and controlling his
actions. Contrary to his wishes, the hospital "refused'" to commit him for a "Serious Mental
Evaluation.'" Def. Mem. 1j 1, ECF No. 12. As a result of his mental status at that time.
Summerville harmed himself, harmed another patient, kissed an emergency medical technician
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