Mercer v. Fairfax County Child Protective Services (FCCPS) et al

Filing 158

MEMORANDUM OPINION re: Defendants' [16, 18, 41] Motions to Dismiss. Signed by District Judge Liam O'Grady on 8/25/15. (dper)

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AUG 2 5 2015 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Gregory Shawn Mercer, Plaintiff, Civil Action No. l:15-cv-302 v. Fairfax County Child Protective Services, el aL, Defendants. Memorandum Opinion This matter is currently pending before the Court on motions to dismiss by several of the Defendants: Fairfax County Child Protective Services, Fairfax County Department of Code Compliance, Jack Blair, Elizabeth Perry, Tanya E. Powers, Latycia Tanks, Kerry Allander, and Kenneth Houtz. Dkt. Nos. 16, 18, 41. The matter has been fully briefed the parties, and on August 21, 2015, the Court heard oral argument. For the reasons stated in open court, as well as those set forth below, the motions will be granted. I. Background1 This controversy arises out of two unrelated incidents between pro se Plaintiff Gregory Shawn Mercer and various government officials and entities in Virginia. The first event was a traffic stop that occurred on June 9, 2006. In that stop, Defendant Houtz issued Mercer a summons for stoppingon an interstate highway without having an emergency or medical Because this matter is before the Court on a motion to dismiss, the following facts are drawn from the Complaint and accepted as true. Tobey v. Jones, 706 F.3d 379, 383 (4th Cir. 2013). Many of the facts have been drawn from the exhibits attached to the Complaint, which the Court "may properly consider ... 'so long as they are integral to the complaint and authentic."' Anandv. Ocwen Loan Servicing, LLC, 754 F.3d 195, 198 (4th Cir. 2014) (citations omitted). As is evident from Mercer's allegations, the agency reports are integral to the Complaint and authentic, having been received pursuant to his Virginia Freedom of Information Act ("FOIA") request. 1

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