Hanson Company v. City of Richmond, Virginia

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 20, 2023
• Docket: 22-1909
• Status: Unpublished

Opinion

USCA4 Appeal: 22-1909 Doc: 20 Filed: 03/20/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-1909

THE HANSON COMPANY,

Plaintiff - Appellant,

v.

CITY OF RICHMOND, VIRGINIA,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. David J. Novak, District Judge. (3:22-cv-00147-DJN)

Submitted: March 16, 2023 Decided: March 20, 2023

Before WILKINSON, AGEE, and HARRIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

ON BRIEF: Jason M. Krumbein, KRUMBEIN CONSUMER LEGAL SERVICES, INC., Richmond, Virginia, for Appellant. Wirt P. Marks, IV, OFFICE OF THE CITY ATTORNEY, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-1909 Doc: 20 Filed: 03/20/2023 Pg: 2 of 2

PER CURIAM:

The Hanson Company (“THC”) appeals the district court’s order granting the City

of Richmond’s Fed. R. Civ. P. 12(b)(6) motion and dismissing as barred by the statute of

limitations THC’s 42 U.S.C. § 1983 complaint alleging race discrimination in violation of

the Fourteenth Amendment. Finding no reversible error, we affirm.

We review de novo a district court’s order granting a motion to dismiss under Rule

12(b)(6), “accept[ing] the factual allegations of the complaint as true and constru[ing] them

in the light most favorable to the nonmoving party.” Rockville Cars, LLC v. City of

Rockville, 891 F.3d 141, 145 (4th Cir. 2018). “To survive a motion to dismiss, a complaint

must contain sufficient factual matter, accepted as true, to state a claim to relief that is

plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (internal quotation marks

omitted). In other words, “a plaintiff must provide sufficient detail to show that he has a

more-than-conceivable chance of success on the merits.” Upstate Forever v. Kinder

Morgan Energy Partners, L.P., 887 F.3d 637, 645 (4th Cir. 2018) (cleaned up), vacated on

other grounds, 140 S. Ct. 2736 (2020).

We have reviewed the parties’ briefs, the materials submitted on appeal, and the

district court’s order, and we conclude that the district court properly found that THC’s

claim is barred by the statute of limitations. Accordingly, we affirm the district court’s

order. 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