Dogs Deserve Better, Inc. et al v. Terry et al

Filing 22

OPINION. Re: corresponding Order 19 entered on March 13, 2015. Signed by District Judge John A. Gibney, Jr. on 3/20/2015. (sbea, )

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

DOGS DESERVE BETTER, INC., et al.
Plaintiffs,
V.

Civil Action No. 3:14-cv-591

TRACY TERRY, e/a/..
Defendants.
OPINION

This matter comes before the Court on the defendants' Rule 12(b)(6) motion to dismiss

for failure to state a claim. (Dk. No. 11.) Dogs Deserve Better, Inc. ("DDB"), and its founder
and CEO, Tamira Thayne, filed suit against Tracy Terry (the animal control officer for Surry
County, Virginia), the County, its Board of Supervisors, and several unnamed defendants,
claiming constitutional and state law violations.

The plaintiffs bring eight claims against the defendants. Under 42 U.S.C. § 1983, Counts

I and VI allege deprivations of the rights of DDB and Thayne, respectively, under the Fourth and
Fourteenth Amendments.

Coimts II, III, IV, and V allege claims by DDB of state law

conversion, trespass to chattels, and both common law and statutory conspiracy. Counts VII and
VIII allege claims by Thayne of malicious prosecution and common law conspiracy.
The defendants do not contest at this stage of the proceedings Counts I, II, III, VI, and
VII against Terry in her personal capacity, so the Court reaches no decision regarding them in
this Opinion.

Surry County does not face liability as a matter of law for a § 1983 action under the facts

of the Complaint, and the County enjoys sovereign immunity from state law tort claims arising