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SIMS v. LABOWITZ

No. 16-2174.

885 F.3d 254 (2018)

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. Children's Justice Fund; Child USA, Amici Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 14, 2018.

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.

Before KING, KEENAN, and DIAZ, Circuit Judges.

ON REHEARING

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

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