Charles v. Front Royal Volunteer Fire & Rescue Department, Inc.

MEMORANDUM OPINION

MICHAEL F. URBANSKI, District Judge.

This matter is before the court on defendants Front Royal Volunteer Fire and Rescue Department, Inc., (“the Fire Department”) and David Santmyers’ (“Sant-myers”) motion to dismiss, in part, the claims of plaintiffs Philip A. Charles (“Charles”) and David M. Ellinger (“El-linger”). Dkt. No. 5. In their complaint, plaintiffs allege violations of the Free Speech Clause of the 1st Amendment and the Due Process Clause of the 14th Amendment (Count I), ultra vires actions on the part of the Fire Department (Count II), and defamation of Ellinger…