Cunningham v. Ruffin III

Filing 34

MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 10/26/2017. (awac)

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

Maria Cunningham,

Plaintiff,
Civil Action No. 1:15-cv-1650

V.

Officer H.M. Ruffin, III,

Defendant.

Memorandum Opinion

This matter comes before the Court on a Motion for Summary Judgment filed by
Defendant Officer H.M. Ruffin, III. Dkt. No. 24. Plaintiff, Maria Cunningham alleges that she

was subject to false arrest and excessive force in violation of rights conferred by the Fourth
Amendment, and gross negligence under state law, when detained by the Defendant during a
November 16,2013 interaction with police. Defendant contends in the instant Motion that he
did not violate Plaintiff's Fourth Amendment rights and in any case is entitled to qualified
immunity with respect to constitutional claims and sovereign immunity with respect to state law
claims. For the reasons discussed below, the Court GRANTS Defendant's Motion.

I. Background

On the evening of November 16,2013, Plaintiff was traveling in a car driven by her

boyfiiend, Dennis Ashton. Plaintiff and Ashton got into an argument and Plaintiff got out of the
car and told Ashton that she would walk home—^approximately three miles away. Plaintiff was

taking medication at the time for anxiety and had recently had her dosage increased. After
Plaintiff left the vehicle, Ashton went to the nearby Hemdon, VA police station to ask the police
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