Skip to comments.UVa student sues state, ABC agents for $40 million
Posted on 03/26/2014 10:44:06 PM PDT by Ken H
A University of Virginia student charged last year with assaulting Virginia Department of Alcoholic Beverage Control agents attempting to stop her for underage possession beer that turned out to be sparkling water has filed a $40 million lawsuit against the state and seven agents.
Among other things, Elizabeth K. Dalys 47-page suit, filed Tuesday in Richmond Circuit Court, alleges malicious prosecution, failure to train ABC agents appropriately, and six counts of assault and battery.
(Excerpt) Read more at roanoke.com ...
Good for the gander, good for the goose, or something like that. In any case—yes, let them pay. Nothing hurts more than a punch to the wallet. Yeah, I know I got the adage wrong, so don’t correct me.
Bottled-water purchase leads to night in jail for UVa student
When a half-dozen men and a woman in street clothes closed in on University of Virginia student Elizabeth Daly, 20, she and two roommates panicked.
That led to Daly spending a night and an afternoon in the Albemarle-Charlottesville Regional Jail. Her initial offense? Walking to her car with bottled water, cookie dough and ice cream just purchased from the Harris Teeter in the Barracks Road Shopping Center for a sorority benefit fundraiser.
A group of state Alcoholic Beverage Control agents clad in plainclothes approached her, suspecting the blue carton of LaCroix sparkling water to be a 12-pack of beer. Police say one of the agents jumped on the hood of her car. She says one drew a gun.
Unsure of who they were, Daly tried to flee the darkened parking lot. "They were showing unidentifiable badges after they approached us, but we became frightened, as they were not in anything close to a uniform," she recalled Thursday in a written account of the April 11 incident.
"I couldn't put my windows down unless I started my car, and when I started my car they began yelling to not move the car, not to start the car. They began trying to break the windows. My roommates and I were ... terrified," Daly stated.
The agents acted with actual malice, out of embarrassment and disgrace for their own intentional and grossly negligent acts and charged [Daly] with three felonies and did so out of anger and personal spite, alleges the suit filed by Richmond lawyers James Thorsen and John Honey.
Exactly spot on. All they had to do was apologize for frightening the girls, but they decided to double down on stupid and charge them.
Normally I give law enforcement the benefit of the doubt. I this case (after reading the details of the incident) I agree the "victim" has a case.
I did not see a narrative of the student's physical injuries, if any, but $40 million is a bit much.
Sounds like another case of attorney contingency welfare...
If the case is being held in Charlottesville, I doubt that the ABC guys have much of a chance. The town survives off the students, and usually is pro-student on just about everything. I doubt she gets the $40 million, but she’ll walk away with at least a quarter of that.
Normally, I would agree with you.
However, I hope she gets every penny.
Not for her interest, but ours.
The only way you get through to the jack booted thugs and their superiors is to break them monetarily.
I just wish the settlement would come from the retirement fund of these thugs.
If that happened enough around the country, perhaps they would return to serving the people rather than trying to be our masters.
I also hope all these morons are fired.
You just dont get this, do you? And here, I thought that the law-and-order knee-jerk crowd had disappeared recently, “for some reaason”.
Although the system took great pains to protect itself by expunging the records, you can bet your a$$ that fingerprints, documents, and so on are still in the system. And the Internet never forgets. You can be assured that this incident will show up in a background check. This persons future is diminished, irreparably. Yet, you call this person, who was terribly abused and thrown in jail for no reason, a victim with quotes.
What is it going to take, short of you yourself becoming a victim, to understand what is happening here? Hasnt the daily litany of SWAT break-ins, anal searches, dog shootings, and general terrorizing of the populace had even the smallest effect yet?
The damages are for her, in an attempt to make her whole, and for them - as punishment. The entire populace of the area that supported these thugs need to be victimized in their wallets, in order to convince them to hire and support law enforcement that actually enforces and upholds - GASP - the law, lawfully.
I want to see color of law charges brought against these people. The penalties are still rather severe.
My sentiments exactly, only I hope it’s even more money!
OK, $2 million, and all seven Farce Enlawment agents should be beaten till they puke blood.
Dude - they MALICIOUSLY charged her with FELONIES, backed by the bottomless wallet of the tyrannical State. They need a nice big helping of chin music to back them off the plate.
The agents said the poor girl now faced felony charges and was in trouble and made [Daly] sound dumb and silly for being confused, the filing states.
Beyond malicious. I'm rethinking the beating thingee.
The agents? Or the state attorney filed the charges?
Look, I do think this looks like a standard good-old-boy thing, but I hope the suit at least got the actors correct, that it doesn’t look like law school sophomore.
As a retired LEO I can tell you everything they did was wrong. NO uniforms, no marked vehicles, SWAT style antics (I wouldn’t dignify what they did by calling it “tactics”). Then trying to cover their asses with a malicious prosecution.
Cops are human. They make mistakes. More than once in my career I or my colleagues grabbed the wrong guy or thought we were witnessing a crime which turned out not to be the case. We promptly removed the cuffs, apologized and gave the individual a ride home. We got sued, once, but the damages were mitigated by our effort to set things right. More often, the victim of our error let it pass. Honest mistakes will almost always be defended and indemnified by the AG or solicitor and governing body. Responsibility for malicious or dishonest acts, errors of the heart, should be borne by the individual officer who commits them. Every department’s policy provides for this. It is too often not enforced.
I do not understand where this mentality comes from that says “If you put the cuffs on, you’d better charge him with something.” That isn’t taught in any academy. It is the first step down the road to lying, perjury and the destruction of credibility and respect. Yet it gets bantered around in locker rooms and perpetuates down through generations of cops.
The only way to counter it is through LEADERSHIP. Unfortunately that is a lost art.
When I was a teenager occasionally a buddy would get busted for Minor in Posession but it didn’t take 7 Dept. of Alcohol agents to do it. It was always the local small town cop......
Agreed...the money should come right out of THEIR hides; not the taxpayers. They should have to sell their homes to pay the bill, and their wages should be garnished until the end of time.
Thanks for the update. I was particularly incensed by this story last year when it first broke.
Good thing all the violent crime is taken care of so the cops can round up all the “sparkling water” bandits and under age beer drinkers.
With a gun drawn---I think 40 million is more reasonable than those monkeys.
as a va tax payer i consider this money well spent......what a bunch of maroons......have never heard if the bozos were punished at all
The problem is politicians, and that includes Chiefs of Police and the heads of these renegade agencies, do not want to hire honest, moral, and decent people like you. They have an agenda, and that agenda is one of empowering themselves and the government at all levels to subjugate the free citizens of our great country.
These sorry excuses for Human beings think they are not only smarter than us (they are not nor will they ever be) but they have some kind of right to tell us how to live every second of our lives. Most of these people are power hungry cretins who do not know the definition of hubris.
Forty mil seems cheap to me. She’s lucky the LEO yahoos didn’t shoot her while they were at it. Can a judge order that the forty mil get taken out of their assets?
Great point SargeK.
As the father of a 20 yeard old woman at UVA I would also pursue personal charges aganist them and would make it the campaign issue in that county for anyone running for office.
I think this is an issue where liberals and conservatives would come together
Most of these lawsuits are trying to make a point.
You’d be surprised how many times lawsuits can be avoided with a sincere apology and the promise that steps will be taken to keep the incident from happening again.
But when hospitals, doctors, and the cops stand strong (or double-down, as in this case) now the person who was wronged is p*ssed. Not only that, but they feel a moral imperative to stop this from happening to someone else.
Many years ago, there was a test study at a hospital where they tried going against the advice of lawyers and simply admitted mistakes and saying they were sorry. Lawsuits dropped dramatically (By 70% in one year, if I remember correctly). It seems that people aren’t out for the money - the money is the only way to hurt the big wrong-doers.
$40 mil - settled for ten percent of that - would hurt the department enough that action would have to be taken.
Nothing will change until it hurts. I think $40 million is fine. Too bad it wont come out of the agents pockets.
All of this for a supposed case of underage drinking?!
Nothing hurts more than a punch to the wallet.
No lesson learned there. The only way to ensure that things like that don’t happen again is to actually make all involved PERSONALLY responsible for their actions.....period!
They’ll end up getting a promotion.
Their bosses will as well.
When a half-dozen men and a woman in street clothes closed in on University of Virginia student Elizabeth Daly, 20, she and two roommates panicked
= = = = = = = = = = = =
I hate to think of where I would be today if faced with the situation these 3 youngsters were in.
Especially with the so called ‘knock out’ game, with the incident taking place in a Super Market parking lot, I do know that I would have drawn and very probably been killed.
THEN they would really have time to ‘get their story right’.
How can these ‘IDIOTS’ conduct such an operation without a uniformed officer or at least a marked car involved?
I am NOT a fan of lawsuits but this is surely a case where one is justified, and just for spite - DON’T SETTLE, make the case go to trial where these ‘IDIOTS’ are forced to stand up in public and explain themselves.
The only crappy part is the settlement will have to come from taxpayers funds, the ideal thing would be to make THEM pay, or at least tie up anything they have or hope to have.
Of course in todays world they will all ‘retire’ on some sort of disability and with food stamps and various welfare checks ‘we’ would lose double....
Sue - The - F&^% - Bastards!
Normally, I don't and this case is one of many examples why I feel this way.
The Democrats control most of the government in Va. This will disappear quickly.
” Normally I give law enforcement the
benefit of the doubt.”
And cops have learned to abuse that grace. The rediculousness of cop mistakes has grown significantly to things like the newspaper ladies getting shot.
And truly, cops are not so nearly as understanding of our mistakes as they expect us to be of theirs. Like swat raids. A cop accidentally misidentifies a person as a threat and kills them, opps. Turn it around where a confused person pops a cop, they want murder 1. The professionals can’t be expected to get it right, but they expect the rest of us to do so.
“More than once in my career I or my colleagues grabbed the wrong guy or thought we were witnessing a crime which turned out not to be the case. We promptly removed the cuffs, apologized and gave the individual a ride home.”
I agree with this 100%. Why is it that Japan has so few lawyers? Because they have a more civil society. And this works “both ways”.
Sadly, you are (probably older) and retired. It’s a different, and uglier, world now, isn’t it?
IMO they shouldn’t be sued. They should be fired and tossed in jail. Their bosses should also be fired and jailed for authorizing the action.
Heres how to handle it.
Cop: Hello, how are you tonight?
Cop:(flashing his badge and IDing himself}Mind if I ask you a few questions?
Cop: have you been drinking tonight?
Girl: No Sir.
Cop: Ok....have a nice night.
Just by that exchange can a novice tell if the person was drinking. Observing her movements and seeing if you can smell booze on her breath. There is no need to do a A Team assault and throwing the girl in jail.
The agents from ABC that filed criminal charges that resulted in her spending the night in jail. The DA dropped them immediately.
The law firm that was retained seems to be very effective and well connected.
Weird ordeal. Perhaps thankfully I’ve had little occasion to know about such things. If I were king I wouldn’t have it possible for police to file any charges — it would have to go through a prosecutor first.