-TCB Zhang v. Regan et al, No. 1:2010cv01329 - Document 48 (E.D. Va. 2011)
Court Description: MEMORANDUM OPINION re 15 Motion to Dismiss. Signed by District Judge T. S. Ellis, III on 4/14/2011. (rban, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division XULI ZHANG, Plaintiff, v. Case No. I:10cvl329 REGAN, et al. Defendants. MEMORANDUM OPINION At issue in this pro se action growing out of an incident and arrest at a department store is whether the facts pled in plaintiffs amended complaint state valid causes of action for (i) various violations of 42 U.S.C. § 1983, (ii) intentional infliction of emotional distress, (iii) violation of Title II of the Civil Rights Act of 1964, and (iv) defamation. Plaintiff filed this amended complaint against two police officers arising out of a slip and fall that occurred while plaintiff was shopping at a department store. In essence, plaintiff alleges that she called 911 after falling and injuring herself in the store, and the officers who arrived on the scene denied her medical treatment, arrested her for trespassing, fabricated statements to support the arrest, and otherwise discriminated against her based on her limited English proficiency. Plaintiffs trespassing charge was adjudicated under Va. Code § 19.2-303.2, which authorizes probation for certain first-time misdemeanor offenders where the trial court finds sufficient evidence to justifya finding of guilt. After plaintiffsuccessfully completed approximately one year of probation, the trespassing charge was dismissed, and plaintiff subsequently brought this civil action. For the reasons that follow, all claims except plaintiffs claim under 42 U.S.C. § 1983 claim alleging arrest without probable cause must be dismissed, and it is appropriate to convert the motion to dismiss to a motion for summaryjudgment for resolution of the remaining § 1983 claim.
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