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BLANKENSHIP v. CITY OF PORTSMOUTH

No. 2:04CV776.

372 F.Supp.2d 496 (2005)

Robert W. BLANKENSHIP, Plaintiff, v. CITY OF PORTSMOUTH, Portsmouth Sheriff's Department, and Sheriff Gary Waters, Defendants.

United States District Court, E.D. Virginia, Norfolk Division.

June 1, 2005.

Attorney(s) appearing for the Case

John Michael Loeschen, Esquire, Norfolk, VA, Counsel for Plaintiff.

Alfred William Bates, III, Esquire, George Timothy Oksman, Esquire, Office of the City Attorney, Portsmouth, VA, Counsel for City of Portsmouth.

John Adrian Gibney, Jr., Esquire, Thompson & McMullan, Richmond, VA, Counsel for City of Portsmouth and Portsmouth Sheriff's Department.

OPINION and DISMISSAL ORDER

REBECCA BEACH SMITH, District Judge.

This case is before the court on defendants Portsmouth Sheriff's Department ("Sheriff's Department") and Sheriff Gary Waters' ("Waters") motions to dismiss pursuant to Federal Rule of Civil Procedure (12)(b)(6). For the reasons stated below, defendants' motions to dismiss are GRANTED.

I. Factual and Procedural History

Plaintiff, Robert W. Blankenship...

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