Wilson v. O'Bryant et al, No. 3:2022cv00556 - Document 42 (E.D. Va. 2023)

Court Description: MEMORANDUM OPINION. Signed by District Judge David J. Novak on 9/27/2023. (Copy mailed to Wilson) (smej, ) (Main Document 42 replaced on 9/27/2023) (smej, ).

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Wilson v. O'Bryant et al Doc. 42 Case 3:22-cv-00556-DJN-MRC Document 42 Filed 09/27/23 Page 1 of 9 PageID# 169 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division VINCENT WILSON, Plaintiff, v. Civil No.3 :22cv556 (DJN ) DEPUTY O'BRYANT, etal., Defendants. MEMORANDUM OPINION Vincent Wilson, a Virginia inmate proceeding prose and informa pauperis, filed this civil action pursuant to 42 U.S.C. § 1983.1 The matter is now before the Court on the Motion to Dismiss filed by Defendants.2 (ECF No. 26.) 3 Instead of filing a response, Wilson filed a Motion for Leave to File an Amended Complaint, accompanied by a Proposed Amended Complaint. (ECF No.32.) Defendants oppose the motion. (ECF No.35.) For the reasons The statute provides, in pertinent part: Every person who, under color of any statute ...of any State ...subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law .... 42 u.s.c. § 1983. 2 The remaining Defendants are Deputy O'Bryant, Deputy Hill and Lieutenant Howerton ("Defendants"), who all work at the Arlington County Detention Facility. By Memorandum Order entered on April 10, 2023, the Court dismissed any claims against Defendant Arthur. (ECF No.23, at 1-2.) By Memorandum Opinion and Order entered on September 5, 2023, the Court dismissed any claims against Defendant Daley. (ECF Nos.38, 39.) 3 The Court employs the pagination assigned to the parties' submissions by the CM/ECF docketing system. The Court corrects the punctuation, spelling and capitalization and omits the emphasis in quotations from the parties' submissions. Dockets.Justia.com Case 3:22-cv-00556-DJN-MRC Document 42 Filed 09/27/23 Page 2 of 9 PageID# 170 Case 3:22-cv-00556-DJN-MRC Document 42 Filed 09/27/23 Page 3 of 9 PageID# 171 Case 3:22-cv-00556-DJN-MRC Document 42 Filed 09/27/23 Page 4 of 9 PageID# 172 Case 3:22-cv-00556-DJN-MRC Document 42 Filed 09/27/23 Page 5 of 9 PageID# 173 Case 3:22-cv-00556-DJN-MRC Document 42 Filed 09/27/23 Page 6 of 9 PageID# 174 Case 3:22-cv-00556-DJN-MRC Document 42 Filed 09/27/23 Page 7 of 9 PageID# 175 Case 3:22-cv-00556-DJN-MRC Document 42 Filed 09/27/23 Page 8 of 9 PageID# 176 IV. MOTION TO AMEND AND MOTION TO DISMISS CLAIMS Wilson has filed a Motion for Leave to File an Amended Complaint,(ECF No.32),and attached his Proposed Amended Complaint,(ECF No.32-1 ). Wilson indicates that he seeks leave to amend,because he originally "made some legal claims as if he was a convicted prisoner," but that "[s]ince the filing of the complaint [he] has determined that ...[he] was a pretrial detainee at the time of the event and therefore is protected by the Due Process Clause of the Fourteenth Amendment." (ECF No.32,at 1.) Wilson also indicates that he would "like to change and add legal claims." (Id) Defendants oppose the motion,arguing that it is futile to allow Wilson to amend,because several of his claims make little sense and because the arguments in support of the Motion to Dismiss would still apply. (ECF No.35,at 1-2.) The Court has already determined that the Motion to Dismiss is not persuasive. While .some of Wilson's claims may make little sense,"[t]he Court should freely give leave to amend when justice so requires." Fed.R.Civ.P.15(a)(2). Accordingly,the Court will allow Wilson to amend. Accordingly,the Court will GRANT the Motion for Leave to File an Amended Complaint,(ECF No.32). The Amended Complaint,(ECF No. 32-1 ),SUPPLANTS all other prior complaints,meaning that the Court will only consider the Amended Complaint,and will not consider any complaint that Wilson filed previously. Wilson has also filed a Motion to Dismiss Claims Against Deputy O'Bryant. (ECF No.40.) The Motion to Dismiss Claims Against Deputy O'Bryant (ECF No.40 ) will be GRANTED to the extent that the claims against Deputy O'Bryant are DISMISSED WITH PREJUDICE. V. CONCLUSION For the foregoing reasons,the Court will DENY the Motion to Dismiss,(ECF No.26 ), 8 Case 3:22-cv-00556-DJN-MRC Document 42 Filed 09/27/23 Page 9 of 9 PageID# 177

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