227 F. Supp. 3d 605
E.D. Va.2017Background
- Plaintiff Brian Davison, a Loudoun County resident, alleges Chair Phyllis J. Randall blocked him from commenting on a Facebook "Page" titled “Chair Phyllis J. Randall, Government Official,” which he contends she uses for official county business.
- Davison asserts the block violated his First Amendment and Fourteenth Amendment due process rights because Loudoun County’s Social Media Comments Policy creates a limited public forum for official County social-media sites.
- Davison amended his complaint to add claims against Randall individually and in her official capacity; Randall moved to dismiss and Davison moved for partial summary judgment.
- There was no discovery and no answer to the amended complaint when the motions were briefed; Davison’s summary-judgment motion relied on allegations and an image from his complaint rather than a developed evidentiary record.
- The court denied Davison’s summary-judgment motion for lack of record evidence and denied Randall’s motion to dismiss, finding Davison plausibly pled that Randall’s Facebook Page was an official Loudoun County social-media site governed by the County policy and that his First Amendment and Due Process claims survived pleading-stage review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment should be granted | Davison: facts in amended complaint show liability | Randall: disputed facts and no record; summary judgment premature | Denied — plaintiff relied on allegations only; genuine factual issues exist |
| First Amendment — whether Randall’s Facebook page is a limited public forum and whether blocking was unconstitutional | Davison: page is an official County social-media site under the County policy; blocking was viewpoint discrimination within a limited forum | Randall: page is personal; County policy does not apply; Facebook’s control complicates forum analysis | Denied dismissal — court finds Davison plausibly alleged the page is covered by the County policy and states a First Amendment claim |
| Due Process — whether blocking deprived Davison of procedural due process | Davison: blocking was a prior restraint/deprivation without county-provided process | Randall: alleged harm was de minimis and post-deprivation complaints suffice | Denied dismissal — Davison plausibly alleged deprivation without county-provided process; procedural protections plausibly required |
| Official-capacity / claim preclusion / duplicative relief | Davison: sues Randall in official capacity as distinct office (Chair) | Randall: prior dismissal or presence of County as defendant bars official-capacity claims | Denied — previous dismissal did not address these claims; office-of-the-chair is distinct from Board; not plainly duplicative on pleadings |
| Qualified immunity for Randall (individual capacity) | Davison: blocking in violation of a county policy and viewpoint discrimination is clearly established constitutional violation | Randall: law not clearly established given Facebook’s control and novel context | Denied dismissal — court concludes governing principles are established enough to defeat qualified-immunity dismissal on pleadings; reserves fuller analysis for record |
Key Cases Cited
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (summary-judgment genuine issue standard)
- Celotex Corp. v. Catrett, 477 U.S. 317 (movant’s initial summary-judgment burden)
- Rosenberger v. Rector & Visitors of Univ. of Virginia, 515 U.S. 819 (government-created limited public forum doctrine)
- Cornelius v. NAACP Legal Def. & Educ. Fund, Inc., 473 U.S. 788 (forum designation analysis)
- Bland v. Roberts, 730 F.3d 368 (Fourth Circuit treatment of Facebook and First Amendment)
- Liverman v. City of Petersburg, 844 F.3d 400 (Fourth Circuit on social media as protected forum)
- Board of Regents v. Roth, 408 U.S. 564 (due process principles regarding deprivation and process)
- Will v. Michigan Dep’t of State Police, 491 U.S. 58 (nature of official-capacity suits)
- Ridpath v. Bd. of Governors Marshall Univ., 447 F.3d 292 (qualified-immunity two-prong framework)