Argued January 28, 2015
Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. (3:13-cv-00328-HEH-MHL). Henry E. Hudson, District Judge.
William H. Hurd, TROUTMAN SANDERS LLP, Richmond, Virginia, for Appellant.
Stylian Paul Parthemos, COUNTY ATTORNEY'S OFFICE FOR THE COUNTY OF CHESTERFIELD, Chesterfield, Virginia, for Appellee.
Stephen C. Piepgrass, TROUTMAN SANDERS LLP, Richmond, Virginia; John W. Whitehead, Douglas R. McKusick, THE RUTHERFORD INSTITUTE, Charlottesville, Virginia; Anthony F. Troy, Charles A. Zdebski, ECKERT SEAMANS CHERIN & MELLOTT, LLC, Richmond, Virginia, for Appellant.
Jeffrey L. Mincks, Julie A.C. Seyfarth, COUNTY ATTORNEY'S OFFICE FOR THE COUNTY OF CHESTERFIELD, Chesterfield, Virginia, for Appellee.
Before TRAXLER, Chief Judge, and DIAZ and THACKER, Circuit Judges. Judge Diaz wrote the opinion, in which Chief Judge Traxler and Judge Thacker joined.
DIAZ, Circuit Judge.
In the summer of 2012, Brandon Raub composed a series of ominous Facebook posts, which drew the attention of his former fellow Marines. They contacted the FBI expressing concern, and the FBI--in coordination with local law enforcement--dispatched a team to Raub's Virginia home. After speaking with Raub, and on the recommendation of Michael Campbell, a local mental health evaluator, the local officers detained Raub for further evaluation. Campbell then interviewed Raub and, on the basis of that interview and Raub's Facebook posts, petitioned a state magistrate judge for a temporary detention order, which was granted. Raub was subsequently hospitalized against his will for seven days.
Raub filed suit under 42 U.S.C. § 1983, seeking damages and injunctive relief against Campbell for violating his Fourth Amendment and First Amendment rights. The district court granted summary judgment to Campbell on the basis of qualified immunity, concluding that Campbell acted reasonably in recommending Raub's seizure and further detention. For the reasons set forth below, we affirm.
In reviewing de novo the district court's grant of summary judgment, we recite the facts and all reasonable inferences to be drawn from them in the light most favorable to the non-moving party--in this case, Raub. Henry v. Purnell, 652 F.3d 524, 531 (4th Cir. 2011) (en banc).
In August 2012, two Marine veterans who had served with Raub during his deployment to Iraq contacted the FBI. They were concerned by Raub's " increasingly threatening" Facebook posts. J.A. 532. In an email, one of the Marines, Howard Bullen, provided specific examples of Raub's posts:
o " This is revenge. Know that before you die."
o " Richmond is not yours. I'm about to shake some shit up."
o " This is the start of you dying. Planned spittin with heart of Lion."
o " Leader of the New School. Bringing Back the Old School. MY LIFE WILL BE A DOCUMENTARY."
o " I'm gunning whoever run the town."
o " W, you're under arrest bitch."
o " The World will Find This."
o " I know ya'll are reading this, and I truly wonder if you know what's about ...