Patterson v. Hawse et al

Filing 27

MEMORANDUM OPINION: For all these reasons, Lawhorn is not entitled to either Eleventh Amendment or qualified immunity. Accordingly, an Order denying the Motion to Dismiss as to Lawhorn will issue with this Memorandum Opinion. Signed by District Judge Leonie M. Brinkema on 7/6/15. (yguy)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division

LESLIE PATTERSON,
Plaintiff,

l:15-cv-477 (LMB/JFA)

V.

JOHN HAWSE and DENISE LAWHORN,
Defendants.
MEMORANDUM OPINION

On June 30,2015, after the parties arguedthe Defendants' Motion to Dismiss the

Amended Complaint ("Motion to Dismiss"), themotion was granted in part, with all claims
against John Hawse dismissed. The remaining issueas to whether DeniseLawhom was immune

from suit was taken under advisement.

Order ofJune 30,2015 [Dkt. No. 26].

Plaintiff Leslie Patterson ("Patterson"), the pastor of FirstBaptist Church of Sterling (the

"Church"), brought thisaction for damages against two agents of the Virginia Department of
Taxation, DeniseLawhom ("Lawhom") and John Hawse ("Hawse"), solely in their individual
capacities, raising claims under state law of malicious prosecution and under42 U.S.C. § 1983
for alleged violations of his FourthAmendment "right not [to] be arrested or subjected to
criminal prosecution without probable cause." E.g.. Am. Compl. H52. The Amended Complaint
contains the following allegations in support of these claims.
Patterson and his wife were first arrested on October 27,2011, based on felony warrants

charging embezzlement, filing false personal tax returns, and receiving money under false
pretenses. The embezzlement charges were dismissed for lack of evidence on Febmary 27,

2012. Id H26. The Commonwealth subsequently dropped all remaining charges against
Patterson on June 19, 2012, after neither his original personal tax retums nor the amended