Perry-Bey v. City of Norfolk, Va.

OPINION AND ORDER

MARK S. DAVIS, District Judge.

This matter is before the Court on Defendant’s “Motion of City of Norfolk to Dismiss Complaint Under Fed.R.Civ.P. Rules 12(b)(5) and 12(b)(6),” and Plaintiffs “Motion to Reconsider Plaintiffs Motion for Civil Contempt of Court and Issue Show Cause Order as a Matter of Law.” The parties, and amicus curiae Norfolk Branch of the National Association for the Advancement of Colored People (“NAACP”), appeared before the Court on September 17, 2008 for oral argument. The motions are now ripe for decision, and the Court considers the merits below.

I.…