Lewis v. Richmond City Sheriff's Office et al
Filing
13
MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr. on 5/27/2014. Copies to counsel.(cmcc, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
YUVONKA LEWIS,
Plaintiff,
Civil Action No. 3:13cv721-JAG
RICHMOND CITY SHERIFF'S OFFICE and
C.T. WOODY, JR.,
Defendants.
MEMORANDUM OPINION
This matter comes before the Court on the defendant's motion to dismiss the amended
complaint. (Dk. No. 9.) The amended complaint alleges violations of the free speech rights of
the plaintiff and an unnamed third party. It also attempts to assert a violation of the plaintiffs
Fourteenth Amendment liberty interests.
The Court will GRANT the defendant's Motion to Dismiss.
The plaintiff has not
engaged in protected speech, so her personal First Amendment claim fails. She lacks standing to
enforce the rights of unnamed third parties, so her First Amendment claim on behalf of others
fails. Lastly, her liberty interest claim fails because the defendant has not publicized harmful
information about her nor did he make any harmful comments in conjunction with her
termination.
I. Statement of Facts and Scope of Review
In ruling on a motion to dismiss, the Court must accept the plaintiffs factual allegations
as true, but does not have to do the same with her legal conclusions. See De Sole v. United
States, 947 F.2d 1169, 1171 (4th Cir. 1991). The Court, however, need not accept bare-bones
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