Filed: Sep. 11, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1480 JUPITER DENNELL WILSON, SR., Plaintiff - Appellant, v. CITY OF CHESAPEAKE; CITY OF CHESAPEAKE FIRE DEPARTMENT; CHIEF EDMOND ELLIOT, in their individual and official capacity; DEPUTY CHIEF DAN FERMIL, in their individual and official capacity; DEPUTY CHIEF ALVIN ELLIS, in their individual and official capacity; DIVISION CHIEF JEFFREY RABEAU, in their individual and official capacity; BATTALION CHIEF CARLTON ACKISS, in t
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1480 JUPITER DENNELL WILSON, SR., Plaintiff - Appellant, v. CITY OF CHESAPEAKE; CITY OF CHESAPEAKE FIRE DEPARTMENT; CHIEF EDMOND ELLIOT, in their individual and official capacity; DEPUTY CHIEF DAN FERMIL, in their individual and official capacity; DEPUTY CHIEF ALVIN ELLIS, in their individual and official capacity; DIVISION CHIEF JEFFREY RABEAU, in their individual and official capacity; BATTALION CHIEF CARLTON ACKISS, in th..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1480
JUPITER DENNELL WILSON, SR.,
Plaintiff - Appellant,
v.
CITY OF CHESAPEAKE; CITY OF CHESAPEAKE FIRE DEPARTMENT;
CHIEF EDMOND ELLIOT, in their individual and official
capacity; DEPUTY CHIEF DAN FERMIL, in their individual and
official capacity; DEPUTY CHIEF ALVIN ELLIS, in their
individual and official capacity; DIVISION CHIEF JEFFREY
RABEAU, in their individual and official capacity; BATTALION
CHIEF CARLTON ACKISS, in their individual and official
capacity; CAPTAIN MICHAEL TORTURA, in their individual and
official capacity; LIEUTENANT WILLIAM DISAROON, in their
individual and official capacity; LIEUTENANT DUANE DAGGERS,
in their individual and official capacity; LIEUTENANT JERRY
BOHN, in their individual and official capacity,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Mark S. Davis, District
Judge. (2:14-cv-00420-MSD-DEM)
Submitted: September 9, 2015 Decided: September 11, 2015
Before SHEDD, WYNN, and FLOYD, Circuit Judges.
Affirmed as modified by unpublished per curiam opinion.
Jupiter Dennell Wilson, Sr., Appellant Pro Se. Melissa Anne
Hamann, Dana English Sanford, OFFICE OF THE CITY ATTORNEY,
Chesapeake, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Jupiter Wilson, Sr., appeals the district court’s order
granting Defendants’ motion to dismiss his action alleging
violations of Title VII of the Civil Rights Act of 1964, 42
U.S.C.A. §§ 2000e to 2000e-17 (West 2012 & Supp. 2015), and the
Age Discrimination in Employment Act of 1967, 29 U.S.C.A. §§ 621
to 634 (West 2008 & Supp. 2015). We have reviewed the record
and find no reversible error. Accordingly, although we modify
the dismissal order to reflect that the district court’s
dismissal of the individual defendants in their official
capacities is without prejudice, we affirm the dismissal as
modified. Wilson v. City of Chesapeake, No. 2:14-cv-00420-MSD-
DEM (E.D. Va. filed Apr. 3 & entered Apr. 6, 2015). We dispense
with oral argument because the facts and legal contentions are
adequately presented in the materials before this court and
argument would not aid the decisional process.
AFFIRMED AS MODIFIED
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