Case 1:16-cv-00540-AJT-MSN Document 37 Filed 07/28/17 Page 1 of 20 PageID# 3257
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division
BRIAN C. DAVISON,
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)
Plaintiff,
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v.
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)
DEBORAH ROSE, et al.,
)
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Defendants.
)
____________________________________)
Civil Action No. 1:16cv0540 (AJT/IDD)
MEMORANDUM OPINION
Presently pending before the Court is Defendants’ Motion to Dismiss for Failure to State
a Claim pursuant to Federal Rule of Civil Procedure 12(b)(6) [Doc. No. 23] (the “Motion”). As
alleged in the Complaint, Plaintiff Brian Davison (“Davison”) is the parent of two children who
attend public elementary school in Loudon County, Virginia and claims that between 2015 and
2016, Defendants engaged in unconstitutional conduct that restricted his First and Fourteenth
Amendment rights in violation of 28 U.S.C. § 1983 (“Section 1983”). He also alleges that four
of the Defendants defamed him by making a variety of false accusations to his family, his
employer, law enforcement, Loudon County’s Child Protective Services (“CPS”), and the
general public. He has sued the Loudon County School Board (the “LCSB”) and also certain
members of the LCSB and school administration in both their official and personal capacities
(the “Individual Defendants”). 1
1
On December 16, 2016, the Court held a hearing on the Motion, following which it ordered supplemental briefing
on the issues of (1) whether the dismissal with prejudice based on mootness in Davison v. Loudoun Cnty. Sch. Bd.,
Case No. CL-98468 (Va. Cir. Ct. Dec. 22, 2015) was a final decision on the merits under Supreme Court of Virginia
Rule 1:6; and (2) whether the filing of the presently pending action in this Court before the dismissal took place in
Davison affects the scope of any potential res judicata effect of the dismissal with prejudice in that case. [Doc. No.
34.] The parties filed supplemental briefings on these issues as directed. [Doc. Nos. 35-36.]