Lewis v. Woody, No. 3:2013cv00721 - Document 13 (E.D. Va. 2014)
Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr. on 5/27/2014. Copies to counsel.(cmcc, )
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division YUVONKA LEWIS, Plaintiff, Civil Action No. 3:13cv721-JAG RICHMOND CITY SHERIFF'S OFFICE and C.T. WOODY, JR., Defendants. MEMORANDUM OPINION This matter comes before the Court on the defendant's motion to dismiss the amended complaint. (Dk. No. 9.) The amended complaint alleges violations of the free speech rights of the plaintiff and an unnamed third party. It also attempts to assert a violation of the plaintiffs Fourteenth Amendment liberty interests. The Court will GRANT the defendant's Motion to Dismiss. The plaintiff has not engaged in protected speech, so her personal First Amendment claim fails. She lacks standing to enforce the rights of unnamed third parties, so her First Amendment claim on behalf of others fails. Lastly, her liberty interest claim fails because the defendant has not publicized harmful information about her nor did he make any harmful comments in conjunction with her termination. I. Statement of Facts and Scope of Review In ruling on a motion to dismiss, the Court must accept the plaintiffs factual allegations as true, but does not have to do the same with her legal conclusions. See De Sole v. United States, 947 F.2d 1169, 1171 (4th Cir. 1991). The Court, however, need not accept bare-bones
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