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Wednesday, May 27, 2026

Suit against county employee dismissed - Virginia Lawyers Weekly

Where a man alleged an employee of the Loudoun County Department of Social Services violated 42 U.S.C. § 1983 when she terminated his parental rights, but his complaint contained no facts supporting this allegation, it was dismissed.

Background

According to the complaint, in late 2019, Ronald Murphy discovered his daughter, who he thought was dead, was actually alive. Specifically, on Dec. 13, 2019, Tranessa Waters informed Murphy that “he had a daughter born on January 10, 2007.” Ms. Waters also told Murphy at that time that when his daughter was born, she was “left in the care of the Loudoun County Department of Social Services.” Murphy was surprised because at the time of her birth, he had been told the child was stillborn.

Murphy then tried to find his daughter. To do so, he contacted the Loudoun County and Virginia Departments of Social Services. During this process, he spoke with several county and commonwealth representatives, but they could not give him any information about his daughter.

In response, Murphy sued a litany of commonwealth and county defendants in their official and individual capacities. This court dismissed Murphy’s claim against the county defendants for failure to state a claim and also dismissed his claim against the commonwealth defendants for lack of subject matter jurisdiction under the Eleventh Amendment. The Fourth Circuit affirmed this court’s dismissal of Murphy’s claims against all defendants except for the claim against Judy Lew in her...



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