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Melby v. Morgan — memorandum opinion, Doc. 26

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Case 3:22-cv-00134-JAG-MRC Document 26 Filed 12/22/22 Page 9 of 12 PagelD# 138 Accordingly, Claims One through Four, Six (a) and (c), Seven, and Eight will be DISMISSED WITHOUT PREJUDICE because they are improperly joined. Defendants Armstrong, Morgan, Vergakis, Walker, Hughes, and Petitfere are dismissed from the action because the claims against them are improperly joined. Thus, the action proceeds solely on Claim Five against Defendants Chandler, Murray, and Evans, and Claim Six (a) against Defendant Chandler to which the Court now turns. Vv. | CLAIMS AGAINST DEFENDANT CHANDLER A. Freedom of Information Act In Claim Five, Melby alleges that Defendants Chandler, Murray, and Evans violated the Freedom of Information Act (“FOIA”)® when they refused to provide Melby with Chandler’s or Evans’s badge number. (ECF No. 23, at 11; see id. at 1-2.) FOIA requires federal agencies to “make their internal records available to the public upon request.” Coleman v. Drug Enforcement Admin. , 714 F.3d 816, 818 (4th Cir. 2013). FOIA, however, does not apply to state or local entities. Ladearious v. Goldsmith, No. 3:13-cv-673, 2015 WL 1787297, at *3 (E.D. Va. Apr. 15, 2015) (citations omitted). Therefore, to the extent that Melby raises a claim under FOIA, he fails to state aclaim for relief. Melby also indicates that these defendants are “legally responsible due to statutory authority § 2.2-3704” and “§ 2.2-3706” or sections of the Virginia Freedom of Information Act (‘Virginia FOIA”). (ECF No. 23, at 11); see Va. Code Ann. § 2.2-3700 et seq. (Va. 2022). However, to prevail on a § 1983 claim, Melby “must show that (1) [he was] deprived of a federal statutory or constitutional right; and (2) the deprivation was committed under color of state law.” § SUS.C. § 552.
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