Dogs Deserve Better, Inc. et al v. Terry et al, No. 3:2014cv00591 - Document 22 (E.D. Va. 2015)
Court Description: OPINION. Re: corresponding Order 19 entered on March 13, 2015. Signed by District Judge John A. Gibney, Jr. on 3/20/2015. (sbea, )
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Dogs Deserve Better, Inc. et al v. Terry et al Doc. 22 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division DOGS DESERVE BETTER, INC., et al. Plaintiffs, V. Civil Action No. 3:14-cv-591 TRACY TERRY, e/a/.. Defendants. OPINION This matter comes before the Court on the defendants' Rule 12(b)(6) motion to dismiss for failure to state a claim. (Dk. No. 11.) Dogs Deserve Better, Inc. ("DDB"), and its founder and CEO, Tamira Thayne, filed suit against Tracy Terry (the animal control officer for Surry County, Virginia), the County, its Board of Supervisors, and several unnamed defendants, claiming constitutional and state law violations. The plaintiffs bring eight claims against the defendants. Under 42 U.S.C. § 1983, Counts I and VI allege deprivations of the rights of DDB and Thayne, respectively, under the Fourth and Fourteenth Amendments. Coimts II, III, IV, and V allege claims by DDB of state law conversion, trespass to chattels, and both common law and statutory conspiracy. Counts VII and VIII allege claims by Thayne of malicious prosecution and common law conspiracy. The defendants do not contest at this stage of the proceedings Counts I, II, III, VI, and VII against Terry in her personal capacity, so the Court reaches no decision regarding them in this Opinion. Surry County does not face liability as a matter of law for a § 1983 action under the facts of the Complaint, and the County enjoys sovereign immunity from state law tort claims arising Dockets.Justia.com
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