Civil Action No. 00-1123-A.

119 F.Supp.2d 581 (2000)

James HARVEY, Plaintiff, v. Robert F. HORAN, Jr., Commonwealth's Attorney County of Fairfax, Defendant.

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

September 29, 2000.

Attorney(s) appearing for the Case

Lisa Bondareff, Kemler Zwerling & Kemler, Alexandria, VA, for plaintiff.

Jack Lewis Gould, Fairfax, VA, for defendant.


BRYAN, District Judge.

This matter is before the court on defendant's motion to dismiss, pursuant to Fed. R.Civ.P. 12(b)(6). Upon consideration of the parties' submissions and for the reasons set forth below, it is hereby


Defendant's motion to dismiss is DENIED.


The plaintiff, James Harvey, was convicted of rape and forcible sodomy...

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