Legal Opinion

Dean v. Officer Charles Newman

District Court, S.D. West Virginia

Decided April 19, 2022No. 3:21-cv-00197Unknown

1Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION OLIVIA DEAN, Administratrix of the Estate of JAMES D. DEAN, Plaintiff, v. CIVIL ACTION NO. 3:21-0197 CITY OF KENOVA, (Kenova Police Department), OFFICER CHARLES NEWMAN, BOB SULLIVAN, and JOHN/JANE DOES, Defendants. MEMORANDUM OPINION AND ORDER Pending before the Court is Defendant Bob Sullivan’s Motion to Dismiss. ECF No. 32. He asserts that Plaintiff has failed to state a cause of action for spoliation and that he is entitled to immunity. For the following reasons, the Court DENIES this Motion.…

2Cases cited5 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Conley v. GibsonSupreme Court of the United States · 1957
  4. Hannah v. HeeterWest Virginia Supreme Court · 2003
  5. Jannell Williams v. Werner Enterprises, Inc.West Virginia Supreme Court · 2015

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