Scarberry v.Rowe
7:24-cv-00489
| W.D. Va. | Jun 30, 2025Background
- Derrick Scarberry, a former inmate, filed a pro se civil rights lawsuit after being bitten by two police canines.
- The lawsuit names, among others, the Tazewell County Sheriff’s Office, K-9 Division as a defendant.
- Defendant Cody Rowe has answered the complaint; preparations for a jury trial are ongoing.
- The Tazewell County Sheriff’s Office, K-9 Division filed a motion to dismiss under Fed. R. Civ. P. 12(b)(6), arguing it lacks capacity to be sued.
- The court reviewed the legal sufficiency of the complaint under the standard in Ashcroft v. Iqbal and related authority.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Sheriff’s Office K-9 Division | Scarberry names the K-9 Division as liable for his injuries | The K-9 Division is not a suable legal entity | The K-9 Division lacks capacity to be sued; dismissed |
| can be sued under § 1983 and state law |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (establishes plausibility standard for Rule 12(b)(6) motions)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) (explains standard for stating a claim under Rule 12(b)(6))
- Erickson v. Pardus, 551 U.S. 89 (2007) (pro se filings are to be liberally construed)
- Edwards v. City of Goldsboro, 178 F.3d 231 (4th Cir. 1999) (details standard for dismissing under Rule 12(b)(6) when facts don't support a claim)