Jonathan Fahey and Ben Ader Win Dismissal in Civil Action in Eastern District of Virginia
On January 21, 2022, the Honorable Claude M. Hilton dismissed all charges brought against a federal agent who was alleged to have violated the plaintiff’s Fourth Amendment rights and conspiring to do so. Following briefing and a hearing on the issues, Judge Hilton dismissed the case after finding that the plaintiff failed to state a claim (under Federal Rules of Civil Procedure 12(b)(6)) that the agent violated the plaintiff’s rights (under Federal Rules of Civil Procedure 12(b)(6)). In addition to finding that the agent had not engaged in any wrongdoing, Judge Hilton found his actions were covered by qualified immunity.