Summerville v. Shields, No. 1:2012cv01505 - Document 24 (E.D. Va. 2013)
Court Description: MEMORANDUM OPINION. Signed by District Judge James C. Cacheris on 8/22/2013. (rban, )
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rFORTiiiVl L_Jl fry, IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINI Alexandria Division 1,1 ' AUG 22 2013 l[l| CLERK, U.S. DISTRIcffJOURT ALEXANDRIA. VIR^Uflr Marlon Summcrvillc, Plaintiff, l:12cv!505(JCC/TRJ) C.W. Shields, Defendant. MEMORANDUM OPINION Marlon Summerville, a Virginia inmate proceeding gro se, has filed a civil rights action, pursuant to 42 U.S.C. ยง 1983, alleging that Officer Shields used excessive force during plaintiffs arrest in violation of the Fourth Amendment. Defendant filed a Motion to Dismiss/Motion for Summary Judgment and accompanying memorandum and informed plaintiff that he had twentyone (21) days to respond pursuant to Rosehoro v. Garrison, 528 F.2d 309 (4th Cir. 1975). In response, plaintiff filed Motion to Voluntarily Dismiss this action. The court cannot dismiss an action without a stipulation of dismissal signed by all parties. See Fed. R. Civ. P. 41(a)(1). Because defendant has opposed the Motion to Voluntarily Dismiss, it will be denied. For the following reasons. Officer Shields's Motion to Dismiss/Motion for Summary Judgment will be granted, and summary judgment will be entered in his favor. I. Background The following facts are undisputed: On January 2, 2012, Summerville went to Prince William Hospital "for a change in Mental Status Review." He was experiencing difficulty focusing, thinking, and controlling his actions. Contrary to his wishes, the hospital "refused'" to commit him for a "Serious Mental Evaluation.'" Def. Mem. 1j 1, ECF No. 12. As a result of his mental status at that time. Summerville harmed himself, harmed another patient, kissed an emergency medical technician
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