Sidney Ronald Silverman, Jr. v. Town of Blackstone, Virginia

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-1278
SIDNEY RONALD SILVERMAN, JR.,
Plaintiff - Appellant,
v.
TOWN OF BLACKSTONE, VIRGINIA,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. John A. Gibney, Jr.,
District Judge. (3:11-cv-00155-JAG)
Submitted: August 9, 2012 Decided: August 23, 2012
Before DUNCAN and KEENAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Archibald Wallace, III, Thomas J. Moran, WALLACEPLEDGER, PLLC,
Richmond, Virginia, for Appellant. David P. Corrigan, Jeremy D.
Capps, HARMAN, CLAYTOR, CORRIGAN & WELLMAN, Richmond, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

- 2 -
PER CURIAM:
Sidney Silverman, Jr. (Silverman) appeals the district
court’s Rule 12(b)(6) dismissal of his claim alleging the Town
of Blackstone, Virginia, terminated his employment as the town’s
Superintendent of Water Utilities because he exercised his right
to free speech as guaranteed by the First Amendment to the
United States Constitution. See Fed. R. Civ. P. 12(b)(6) (party
may assert by motion “failure to state a claim upon which relief
can be granted” as a defense to a claim for relief in any
pleading). Having carefully reviewed the briefs, the record,
and the relevant law, we affirm on the reasoning of the district
court, as stated in its February 3, 2012 memorandum opinion.
Silverman v. Town of Blackstone, 843 F. Supp. 2d 628 (E.D.Va.
2012).
We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
before the court and argument would not aid the decisional
process.
AFFIRMED

-- 2 of 2 --