Brown v. Commonwealth of Virginia et al
MEMORANDUM OPINION. Signed by District Judge Claude M. Hilton on 09/26/2017. (c/s to Plaintiff)(jlan)
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Benjamin S. Brown,
R. A. Kleinholz and Officer MeWhirter,
Benjamin S. Brown, a Virginia inmate proceeding pro se, has filed a civil rights action,
pursuant to 42 U.S.C. § 1983, alleging claims of unlawful search and seizure, false arrest and
malicious prosecution. The matter Is before the Court on Defendants' Motion to Dismiss for
Failure to State a Claim, to which plaintiff has filed a Memorandum in Opposition. After careful
consideration, for the reasons which follow, defendants' Motion will be granted, and the
complaint will be dismissed pursuant to Fed. R. Civ. P. 12(b)(6).
I. Factual Background
Construed in the light more favorable to the plaintiff, the alleged facts giving rise to this
action occurred on August 26,2012, when plaintiff was driving in the Richmond area and one of
his tires blew out. Am. Compl. at 2. Plaintiff drove his vehicle onto "the embankment off the
side ofthe roadway" and got out to assess the damage; he was not "pulled over or stopped for
anything." Compl. at 5; Am. Compl. at 7.' Officer Kleinholz of the Richmond Police
Department and members of plaintiffs family arrived at the scene simultaneously. Am. Compl.
'In deference to plaintiffs pro se status, the Court in considering the pending Motion to
Dismiss has taken into consideration the allegations in both the Complaint [Dkt. No. 1] and the
Amended Complaint.[Dkt. No.6]
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