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SWADER v. COM. OF VA.

Civ. A. No. 90-1111-N.

743 F.Supp. 434 (1990)

Judith R. SWADER, Administratrix of the Estate of Billie Jo Dickens, Deceased, Plaintiff, v. COMMONWEALTH OF VIRGINIA, et al., Defendants.

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

July 19, 1990.

Attorney(s) appearing for the Case

William D. Breit, Breit, Drescher & Breit, Norfolk, Steven J. Marsey, Glasser & Macon, P.C., Chesapeake, Va., for plaintiff.

Peter R. Messitt, Richard F. Gorman, III, Richmond, Va., for defendants.

ORDER

CLARKE, District Judge.

This matter comes before the Court on the defendants' motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.1 The Motion is made on behalf of all defendants, except the Commonwealth of Virginia. The question presented is whether the substantive component of the Fourteenth Amendment's Due Process Clause can impose upon the...

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