Hendricks v. Rios et al, No. 2:2020cv00244 - Document 13 (E.D. Va. 2020)
Court Description: MEMORANDUM OPINION AND ORDER denying 6 Motion to Dismiss for Failure to State a Claim. Signed by District Judge Raymond A. Jackson on 8/26/20. (bpet, )
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Hendricks v. Rios et al Doc. 13 Case 2:20-cv-00244-RAJ-DEM Document 13 Filed 08/27/20 Page 1 of 8 PageID# 55 FILED IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA AUG 2 7 2020 Norfolk Division CLERK. U.S. DISTRICT COURT NORFOLK, VA JEFFREY HENDRICKS, Plaintiff, CIVIL ACTION NO. 2:20-cv-244 V. MATTHEW T. RIOS,Individually and in his official capacity as Police Officer for the City of Portsmouth, Virginia, and ANTHONY J. CALLAHAN,JR., Individually and in his official capacity as Police Officer for the City of Portsmouth, Virginia, Defendants. MEMORANDUM OPINION AND ORDER Before the Court is Defendant Anthony J. Callahan, Jr.'s ("Defendant Callahan") Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(6). EOF No. 6. Having been fully briefed, this matter is ripe for judicial determination. I. FACTUAL AND PROCEDURAL HISTORY The following facts taken from Jeffrey Henricks' ("Plaintiff) Complaint are considered true and cast in the light most favorable to Plaintiff. Adams v. Bain,697 F.2d 1213, 1219 (4th Cir. 1982). On July 22, 2018, Plaintiff went to the home of his bedridden mother, Dorothy Hendricks, ("Ms. Hendricks") in Portsmouth, Virginia. ECF No. 1 at ^ 12. Upon his arrival. Plaintiff engaged in a conversation with his niece and ex-sister in law regarding his deceased uncle's personal property. Id. at 13. Officer Rios approached and asked Plaintiff for the keys to the personal Dockets.Justia.com Case 2:20-cv-00244-RAJ-DEM Document 13 Filed 08/27/20 Page 2 of 8 PageID# 56 Case 2:20-cv-00244-RAJ-DEM Document 13 Filed 08/27/20 Page 3 of 8 PageID# 57 Case 2:20-cv-00244-RAJ-DEM Document 13 Filed 08/27/20 Page 4 of 8 PageID# 58 Case 2:20-cv-00244-RAJ-DEM Document 13 Filed 08/27/20 Page 5 of 8 PageID# 59 Case 2:20-cv-00244-RAJ-DEM Document 13 Filed 08/27/20 Page 6 of 8 PageID# 60 Case 2:20-cv-00244-RAJ-DEM Document 13 Filed 08/27/20 Page 7 of 8 PageID# 61 Case 2:20-cv-00244-RAJ-DEM Document 13 Filed 08/27/20 Page 8 of 8 PageID# 62
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