Brown v. Meehan et al, No. 3:2014cv00442 - Document 15 (E.D. Va. 2014)
Court Description: MEMORANDUM OPINION. Signed by District Judge James R. Spencer on 9/22/14. (khan, )
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION KENNETH MICHAEL BROWN, Plaintiff, Civil Action No. 3:14-^-442 D.J. MEEHAN and C.E. JOHNSON Defendants. MEMORANDUM OPINION THIS MATTER is before the Court on a Motion to Quash Subpoena Duces Tecum ("Motion") (ECF No. 10), filed by the Virginia Department of State Police ("VSP"). Specifically, VSP requests that Request Nos. 1 and 5 be quashed. Plaintiff filed a Memorandum in Opposition on September 5,2014 ("Opp'n Mem.") (ECF No. 13). VSP did not file a reply memorandum. A hearing was held on September 22, 2014. For the reasons set forth below, the Motion is DENIED. I. FACTUAL BACKGROUND This case involves injuries sustained by Plaintiff, Kenneth Michael Brown ("Brown'), during an arrest made by Virginia State Police troopers, C.E. Johnson ("Johnson") and D.«". Meehan ("Meehan"). Brown had previously been convicted of a felony, to wit unauthorized use of a motor vehicle, on April 12,1977. On August 2,2004, then Governor Mark Warner restared Brown's civil rights, and on July 7,2006, the Honorable Lee A. Harris, of the Henrico Circait Court, entered an Order restoring Brown's right to possess firearms. On October 12, 2012, Brown was lawfully transporting a firearm in plain view on the front passenger seat of his vehicle on his way to work. As he was driving we.st on Interstate 64 in Henrico County, he was pulled over by Meehan for speeding. When Meehan saw the firearm he
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