Barry McCabe v. Fairfax County, Virginia, et al.

Do animal “adoption” laws conflict with the Constitution’s Contract Clause and the general principles of contracting?

Did the court flout this Court’s standard in Iqbal/Twombly when they dismissed several of McCabe’s claims?

Did the court misapply statutory procedures that are reserved for county procurement contract claims, to prevent McCabe from asserting contract claims against Fairfax County?

This Court has ruled that counties, when acting as arms of the state, are not entitled to absolute immunity (“sovereign immunity”) from tort claims when engaged in proprietary and commercial functions. The commercial importation and resale of a violent pit bull is not a protected government function. Did the Virginia courts violate this Court’s precedent when they dismissed all tort claims against Fairfax County?

The Fairfax County Animal Shelter (“FCAS”), who sold a violent pit bull dog, is an instrumentality of Fairfax County. The court asserted that FCAS was a non sui juris entity and thus, was not capable of being sued, and dismissed all contract and tort claims against FCAS. Did the courts violate the general principles of contracting and the Uniform Commercial