Truman v. Frye et al, No. 1:2018cv00963 - Document 34 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION. Signed by District Judge Leonie M. Brinkema on 7/18/2019. (aott,c/m 7/19/2019 )
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Truman v. Frye et al Doc. 34 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Cecil Guy Truman, ) Plaintiff, ) ) l:18cv963(LMB/IDD) ) Sgt. Frye,et aL, ) Defendants. ) mkmorandum opinion Cecil Guy Truman,a Virginia inmate proceeding pro se, initiated this civil action pursuant to 42 U.S.C. ยง 1983,alleging violations of his constitutional rights. Defendants Ramon Frye ("Frye"), Anthony Farley ("Farley"), and Jordan McDougal("McDougal")(collectively "defendants") have filed a Motion to Dismiss the claims against them as well as a memorandum in support[Dkt. Nos. 28-29]. Plaintiff was provided the notice required by Local Rule 7(K)and the opportunity to file responsive materials pursuant to Roseboro v. Gamson,528 F.2d 309(4th Cir. 1975),and has filed a memorandum opposing defendants' Motion [Dkt. No. 31]. For the reasons that follow, defendants' Motion to Dismiss will be granted, and the underlying complaint will be dismissed with prejudice. I. Background The following allegations are assumed true for the purpose of ruling on defendants' Motion to Dismiss. At all relevant times, plaintiff resided in the protective custody block ofthe Prince William County Adult Detention Center("PWCADC")[Am.Compl. HH 3, 5]. On June 29,2018,in the presence ofdefendants Frye, Farley, and McDougal,inmate Walter Cook screamed death threats and racial comments at plaintiff while "violently kicking his cell door [Id at 117]. The same day, plaintiff"was asked to step into his cell so that inmate Walter Cook could come out of his cell to get his medication"[Id at 1| 8]. As Cook returned to his cell, he Dockets.Justia.com
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