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SIMS v. LABOWITZ

No. 16-2174.

877 F.3d 171 (2017)

Trey SIMS, Plaintiff-Appellant v. Kenneth E. LABOWITZ, Administrator pursuant to Code of Va. sect. 64.2-454 of the Estate of David E. Abbott, Defendant-Appellee and Claiborne Richardson, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: December 5, 2017.

Attorney(s) appearing for the Case

Victor M. Glasberg , Maxwelle C. Sokol , VICTOR M. GLASBERG & ASSOCIATES, Alexandria, Virginia, for Appellant. Julia Bougie Judkins , BANCROFT, MCGAVIN, HORVATH & JUDKINS, P.C., Fairfax, Virginia, for Appellee.

Affirmed in part, reversed in part, and remanded by published opinion. Judge Keenan wrote the majority opinion, in which Judge Diaz joined. Judge King wrote a dissenting opinion.

In 2014, David E. Abbott, a detective with the Manassas City Police Department in Virginia, investigated allegations that 17-year-old Trey Sims used his cellular telephone to send sexually explicit photographs and video recordings of himself to his 15-year-old girlfriend. During the course of the investigation...

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