This page uses extracted PDF text. Text can misread numbers, dates or table columns. Check the PDF before quoting or interpreting it. Redacted areas remain redacted.
Gibson fired approximately four shots at Plaintiff through the
windows of Plaintiff's vehicle. Gibson Depo. at 48:19-49:20.
Plaintiff suffered gunshot wounds and sustained permanent injuries
resulting from the transection of his spinal cord at the T10-T11
level. Opp'n to Def. Hollandsworth's Mot. for Summ. J., Ex. 4,
Waller Report, ECF No. 64-4.
F. Procedural History
On July 31, 2014, Plaintiff filed suit, pursuant to 42 U.S.C.
§ 1983, against the City of Newport News, Richard Myers (the current
Newport News Chief of Police), James Fox (the former Newport News
Chief of Police), and Norris, Hollandsworth, Tinsley, and Gibson.
Compl., ECF No. 1. Plaintiff asserted several claims, including
claims of unreasonable seizure through use of excessive force, in
violation of the Fourth and Fourteenth Amendments, against the four
police officers. Id. Claims against Richard Meyers and James Fox
were dismissed on November 4, 2014. ECF Nos. 33, 44. The parties
stipulated to dismissal of Plaintiff's claims against Norris on
September 11, 2015. ECF No. 50. Further, the parties stipulated
to the dismissal of the City of Newport News and Tinsley on December
28, 2015. ECF Nos. 67, 68. Thus, the only parties remaining in this
action are Hollandsworth and Gibson.
On December 7, 2015, Hollandsworth filed her Motion for Summary
Judgment, arguing that she did not violate Plaintiff's
constitutional rights because her actions on December 12, 2012 did
17Jump to an indexed page (4 of 4)