United States Fourth Circuit

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Goines v. Valley Community Servs. Bd., 15-1589

In an action under 42 U.S.C. section 1983 alleging that plaintiff was unlawfully seized without probable cause in violation of the Fourth and Fourteenth Amendments when he went to the police station to report the theft of his cable services and ended up involuntarily detained for six days for a mental-health evaluation, the district court's grant of defendants' motion to dismiss for failure to state a claim, Fed. R. Civ. P. 12(b)(6), and dismissal of the entire complaint is: 1) affirmed in part as dismissal of the claims against the mental-health evaluator and her employer; and 2) vacated in part as to the two officers who initially took plaintiff into custody, where the allegations of plaintiff's complaint are sufficient to survive the motion to dismiss.

Appellate Information

  • Decided
  • Published 2016/05/10

Judges

  • TRAXLER

Court

  • United States Fourth Circuit

Counsel

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