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Woodson v. City of Richmond

United States District Court, E.D. Virginia, Richmond Division

January 17, 2014

STEFAN WOODSON, Plaintiff,
v.
CITY OF RICHMOND, VIRGINIA, et. al., Defendants

Page 805

For Stefan Woodson, Plaintiff: Seth R Carroll, LEAD ATTORNEY, Richmond, VA; Benjamin Martin Andrews, The Halperin Law Center LLC, Glen Allen, VA; Elyse Hamilton Stiner, Richmond, VA.

For City of Richmond, Virginia, Defendant, Cross Defendant: David P. Corrigan, LEAD ATTORNEY, Jeremy David Capps, Maurice Scott Fisher, Jr, Harman Claytor Corrigan & Wellman, Richmond, VA; Kyle Reese Elliott, Office of the Richmond City Attorney, Richmond, VA.

For C. T. Woody, Jr., Sheriff, City of Richmond, Defendant: Jeff Wayne Rosen, LEAD ATTORNEY, Jeffrey A. Hunn, Pender & Coward PC, Virginia Beach, VA.

For Correct Care Solutions, LLC, Motsumi Moja, M.D., Defendants: Edward Joseph McNelis, III, LEAD ATTORNEY, Isaac Abraham McBeth, Rawls, McNelis & Mitchell, P. C., Richmond, VA.

OPINION

Page 806

Robert E. Payne, Senior United States District Judge.

MEMORANDUM OPINION

This matter is before the Court on THE CITY OF RICHMOND'S MOTION TO

Page 807

DISMISS CROSS-CLAIM (Docket No. 30). For the reasons set forth below, the motion will be granted.

FACTUAL ALLEGATIONS AND LEGAL CLAIMS AGAINST DEFENDANTS

At this stage, the Court, as it must, " accept[s] all well-pleaded allegations in the plaintiff's complaint as true and draw[s] all reasonable factual inferences from those facts in the plaintiff's favor." Edwards v. City of Goldsboro, 178 F.3d 231, 244 (4th Cir. 1999). With that in mind, the facts, which are derived from the First Amended Complaint (Docket No. 3) (the " Amended Complaint" ), are alleged to be as set forth below.

During the first nine days of July 2012, the City of Richmond (hereinafter " City" or " Richmond" ) experienced a severe heat wave. During this period, several daily high temperatures in excess of 100 degrees Fahrenheit were recorded within Richmond. (Amend. Compl. ¶ ¶ 18-24). The National Weather Service issued numerous heat-related advisories, forecasting ...


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