Willis et al v. City of Virginia Beach, Virginia and its Police Department et al
| Christopher T. Willis, Thomas C. Shattuck and Jeffrey E. Wilkerson |
| City of Virginia Beach, Virginia and its Police Department and James A. Cervera |
| 2:2014cv00652 |
| December 23, 2014 |
| US District Court for the Eastern District of Virginia |
| Norfolk Office |
| Virginia Beach City |
| Douglas E. Miller |
| Rebecca Beach Smith |
| Other Civil Rights |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
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Filing
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MEMORANDUM OPINION AND ORDER re 2 Motion to Dismiss. The Defendants' Motion to Dismiss is DENIED with respect to Counts II and III of the Complaint, the Plaintiffs' free speech claims, and with respect to Count IV of the Complaint, the P laintiffs' claim for deprivation of a property interest without due process. The Plaintiffs' claim for wrongful suspension under Virginia law (Count I) is DISMISSED; the Plaintiffs' claim for deprivation of substantive due proc ess under the Fourteenth Amendment to the United States Constitution (Count V) is DISMISSED; and the Plaintiffs' claim for deprivation of a liberty interest without procedural due process under the Fourteenth Amendment to the United States Constitution (Count VI) is also DISMISSED. A copy of this order was sent to all counsel of record on 3/6/15. Signed by Chief District Judge Rebecca Beach Smith and filed on 3/6/15. (tbro)
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