Watson v. Spilman et al, No. 3:2013cv00746 - Document 28 (E.D. Va. 2014)

Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr on 08/05/2014. Copy mailed to Plaintiff on 8/5/2014.(tjoh, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division CALVIN WATSON, Plaintiff, v. Civil Action No. 3:13CV746 R.L.SPILMAN, <?/«/., Defendants. MEMORANDUM OPINION Calvin Watson, a Virginia prisoner proceeding pro se, filed this 42 U.S.C. § 1983 action in which he alleges Defendant Rebecca L. Spilman, a police officer for the City of Manassas, violated his rights under the Fourth2 and Fourteenth Amendments3 and slandered his name. The matter is before the Court on Officer Spilman's Motion for Summary Judgment and Motion to Dismiss. Watson has responded. For the reasons set forth below, the Motion for Summary Judgment and Motion to Dismiss Claim Five will be GRANTED. 1Section 1983 provides, in pertinent part: Every person who, under color of any statute ... of any State .. . subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law.... 42 U.S.C. § 1983. "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated .. .." U.S. Const, amend. IV. 3"No State shall . . . deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." U.S. Const, amend. XIV, § 1.

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