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MERCHANT v. BAUER

No. 11-1392.

677 F.3d 656 (2012)

Rose C. MERCHANT, Doctor, Plaintiff-Appellee, v. Robert M. BAUER, Officer, Individually, Defendant-Appellant, and Fairfax County, Virginia; Sharon Bulova, Fairfax County Board of Supervisors; Jonathan Nytes, Officer, Individually; Gervais Reed, Lieutenant, Individually; John Doe 1 Through John Doe 20, Both inclusive, regardless of number being each a separate individual and being fictitious and unknown to the Plaintiff the persons or parties intended being former and or current Fairfax County, Virginia employees, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: April 26, 2012.

Attorney(s) appearing for the Case

ARGUED: Benjamin Rogers Jacewicz , County Attorney's Office, Fairfax, VA, for Appellant. Kenneth David Bynum , Bynum & Jenkins, PLLC, Alexandria, VA, for Appellee. ON BRIEF: David P. Bobzien , County Attorney, Peter D. Andreoli, Jr. , Deputy County Attorney, County Attorney's Office, Fairfax, VA, for Appellant.

Affirmed by published opinion. Judge KING wrote the opinion, in which Judge GREGORY and Judge DAVIS joined.

OPINION

KING, Circuit Judge.

Dr. Rose C. Merchant initiated this lawsuit in April 2010 against Robert M. Bauer, a police officer in Fairfax County, Virginia. Dr. Merchant, a licensed psychologist who resides in Prince George's County, Maryland, is a former Deputy Director of the Department of Corrections of that county. In her Complaint, Merchant alleged malicious prosecution under the law of Virginia, as well as a claim pursuant to 42 U.S.C. § 1983...

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