Case 1:16-cv-00540-AJT-MSN Document 37 Filed 07/28/17 Page 2 of 20 PageID# 3258
For the reasons set forth below, Davidson’s claims in Counts I-VII against LCSB and the
Individual Defendants in their official capacities are barred because of res judicata and sovereign
immunity and are barred against the Individual Defendants in their personal capacities under the
doctrine of qualified immunity. Those Counts will therefore be dismissed. As to the remaining
Count VIII (defamation), the Court declines to exercise supplemental jurisdiction over that
purely state law claim and dismisses that claim without prejudice. Accordingly, Defendants’
Motion to Dismiss is granted with prejudice as to Counts I-VII and without prejudice as to Count
VIII.
I.
BACKGROUND
Davidson alleges the following, which the Court accepts as true solely for the purposes of
the pending Motion.
Davison is a regular speaker at LCSB meetings during the public comments portion, and
he regularly blogs about complaints, criticism, and conflicts he has with individuals on the LCSB
and LCPS personnel. He created Facebook and Twitter accounts and used them to post hundreds
of articles and comments in addition to posting thousands of comments in various other online
forums such as in the comments sections of online newspapers. Amended Complaint [Doc. No.
21] (“AC”) ¶¶ 23, 24, 213. He frequently speaks on topics related to student performance, “lack
of transparency and local government,” alleged undisclosed conflicts of interest on the part of
LCSB members, school budgets, and violations of federal privacy laws, in addition to calling for
resignation of LCPS officials and alleging violations of the Virginia Freedom of Information Act
(“VFOIA”). Id. ¶¶ 23, 24a-c.
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