Daly v. Virginia

• Decision Date: 17 June 2014
• Docket Number: Civil Action No. 3:14CV250-HEH
• Court: U.S. District Court — Eastern District of Virginia
• Parties: ELIZABETH K. DALY, Plaintiff, v. COMMONWEALTH OF VIRGINIA, et al., Defendants.

ELIZABETH K. DALY, Plaintiff, v. COMMONWEALTH OF VIRGINIA, et al., Defendants.

Civil Action No. 3:14CV250-HEH

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division

Dated: June 17, 2014

MEMORANDUM OPINION

(Defendants' Motion to Dismiss)

This case involves the arrest of a University of Virginia student by special agents of the Virginia Department of Alcoholic Beverage Control. The incident occurred in the parking lot of the Harris Teeter food store in Charlottesville, Virginia. Unfortunately, the agents mistook a case of canned sparkling water for illegally purchased beer.

Although the Complaint contains a number of common law claims, it is essentially a suit seeking damages for civil rights violations. The case is presently before the Court on the Defendants' Motion to Dismiss asserting that the Complaint fails to state an actionable claim or, alternatively, that the arresting agents are entitled to qualified immunity on the constitutional claims.

Both parties have filed memoranda of law supporting their respective positions. The Court heard oral argument on June 3, 2014. For the reasons that follow, the Defendants' Motion will be granted in part and denied in part.

This Court's review of a motion to dismiss filed under Federal Rule of Civil Procedure 12(b)(6) is both informed and constrained by the well-pleaded facts contained in the complaint. The task at hand is to determine the sufficiency of the complaint, "not resolve contests surrounding the facts, the merits of a claim, or the applicability of defenses." Republican Party of N.C. v. Martin, 980 F.2d 943, 952 (4th Cir. 1992). In considering a motion to dismiss, plaintiff's well-pleaded allegations are taken as true, and the complaint must be viewed in the light most favorable to the plaintiff. T.G. Slater & Son, Inc. v. Donald P. & Patricia A. Brennan LLC, 385 F.3d 836, 841 (4th Cir. 2004). Legal conclusions, however, enjoy no such deference by the reviewing court. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). To survive Rule 12(b)(6) scrutiny, a complaint need only contain "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007).

Net of legal conclusions, the Complaint alleges that on April 11, 2013, the Plaintiff, a student at the University of Virginia in Charlottesville, and two of her roommates, Anne T. Downey ("Downey") and Anna C. Wade ("Wade"), entered the Harris Teeter food store at approximately 9:54 p.m. Traveling in the Plaintiff's Chevrolet Trailblazer, they parked approximately 15 to 20 parking spaces from the entrance to the grocery store. The Complaint describes the area around the front doors of the grocery store as very well lit with numerous active security cameras. (Compl. ¶ 29, ECF No. 1, Ex. 1.)

After shopping for approximately ten minutes, Plaintiff purchased cookie dough and sherbet. The two young ladies with her purchased "jalapeno pepper jelly, creamcheese, and a case of canned LaCroix sparkling water in clearly marked blue colored box." (Id. ¶ 30.) As they exited the store, one of the young ladies, Wade, carried the case of LaCroix sparkling water openly in her arms, "without concealing the case in any way." (Id. ¶ 33.) At this point in time, the Complaint alleges, "it was dark outside, but the parking lot of Harris Teeter was well-lit." (Id. ¶ 34.) The parking lot was almost empty. (Id. ¶ 35.)

As the young women proceeded through the parking lot, seven special agents of the Bureau of Alcoholic Beverage Control ("ABC") were conducting stationary surveillance from a distance of approximately 100 to 150 feet. According to the Complaint,

On information and belief, the ABC agents had no reason to believe Harris Teeter was in violation of any laws of the Commonwealth of Virginia, including sales of alcohol to underage individuals, and, in the past fourteen years of available records, there are no reports of ABC license violations at Harris Teeter. Likewise, the ABC agents had no reason to suspect that the Plaintiff or her companions had violated ABC laws.

(Id ¶ 39.)

It is further alleged in the Complaint that at approximately 10:10 p.m., Defendants Special Agents Armon Brown ("Brown") and Lauren E. Blanks ("Blanks"), "both dressed in extremely casual attire without any markings representative of a law enforcement agency or organization on their clothing, pursued the young women on foot to their car." (Id. ¶ 42.) In the interim, the young women entered Plaintiff's Chevrolet Trailblazer. Plaintiff occupied the driver's seat, Wade the front passenger seat, andDowney the rear passenger seat. Wade placed the sparkling water on the passenger side floor. (Id. ¶¶ 42-43.) The Complaint details the following events that occurred next.

45. Plaintiff looked up from her cell phone and noticed a woman (Blanks) and a short African-American male in a Volcom t-shirt and khaki cargo shorts (Brown) approach her vehicle.

46. Without warning, both Blanks and Brown began to bang on the windows of the vehicle.

47. Brown banged on the passenger side window, shone a flashlight in the car, and requested Wade to roll down the passenger side window.

48. Both Blanks and Brown allegedly displayed their badges hanging from necklaces which at the time and under the circumstances were not clearly visible or readable.

49. Again, Brown banged on the passenger side window and shouted, "Roll down this window!"

(Id. ¶¶ 45-49.)

Despite attempting to lower the windows, Plaintiff and Wade were unable to do so "since the vehicle was turned off." (Id. ¶ 51.) Wade directed the Plaintiff to turn the car on in order to roll down the windows. Meanwhile, Agents Blanks and Brown continued to bang on the windows. (Id. ¶¶ 52-53.) At that point, Agent Brown began repeatedly screaming, "Do not turn on the car!" (Id. ¶ 54.) Next, Agents Andrew T. Covey ("Covey"), John Cielakie ("Cielakie"), Kevin D. Weatherholtz ("Weatherholtz"), and Jonathan R. Pine ("Pine") began advancing toward the automobile. These agents "were all casually dressed with no indication about their person that they were law enforcement agents." (Id. ¶¶ 55-56.) The agents then formed a perimeter around Plaintiff's vehicle while continuing to bang and shout commands.

Unable to determine whether they were confronted by actual police officers or "fanatical individuals," Plaintiff called 911 and requested assistance from the dispatcher.(Id. ¶ 66.) Plaintiff secured her keys and started her vehicle as Agent Brown continued to scream for her not to turn the car on. (Id. ¶¶ 67-68.) After Plaintiff started the vehicle, Agents Brown and Covey moved to the front. "Brown began to slam the front passenger window very hard, causing Plaintiff to fear her window would shatter." (Id. ¶ 70.) The young women at this point were terrified and began to scream.

Agent Brown then drew his firearm and pointed it toward the ground. (Id. ¶ 74.) One of the passengers then allegedly screamed to Plaintiff, "They are fake badges, go, go, go." (Id. ¶ 75.) Plaintiff put the vehicle in drive and inched forward. "Covey struck the hood on the driver's side of the vehicle." (Id. ¶ 77.) Plaintiff stopped in order to avoid hitting the men positioned in front of her Trailblazer. Covey, according to the Complaint, "then jumped on the hood, landing on the driver's side closest to the front quarter panel and striking his fist on the driver's side front windshield." (Id. ¶ 79.) Agent Cielakie then attempted to break the passenger window with his steel flashlight causing a loud bang. (Id. ¶ 80.) At this point, Plaintiff panicked and accelerated her vehicle "to extract her and her passengers from the present harm and danger that existed by the unknown and unidentified ABC agents' terrifying words and actions." (Id. ¶ 81.) Plaintiff proceeded toward the exit of the parking lot with ABC agents pursuing her vehicle on foot. In route to the Charlottesville City police station at the Downtown Mall, Plaintiff stopped for a traffic light. While Plaintiff was sitting at the intersection, ABC agents blocked her vehicle, removed Plaintiff and Wade and placed them under arrest. They were then handcuffed and transported to the Charlottesville police station. (Id. ¶¶ 87, 90, 97-101, 107.) A magistrate subsequently issued felony warrants for assault and batteryon Agents Covey and Brown. Plaintiff was also charged with felony eluding and was remanded to jail. Following a hearing the next day, Plaintiff was released on bond. (Id. ¶¶ 110-113, 121.)

On June 27, 2013, on motion of the Commonwealth's Attorney for the City of Charlottesville, all three charges against Plaintiff were nolle prossed. The records of arrest were expunged by the Circuit Court for the City of Charlottesville on October 22, 2013. (Id. ¶¶ 123-124.) This lawsuit followed.

The Complaint in this case consists of twelve counts encompassing an array of related activity occurring on the evening of April 11, 2013. The central claims are subsets of 42 U.S.C. § 1983.¹ Technically, as discussed below, Counts One and Three are multiplicitous in that they state a single cause of action—a violation of Plaintiff's Fourth Amendment rights in two separate counts.

Count One alleges malicious prosecution by Agents Covey, Brown, Blanks, and Taylor in obtaining warrants for Plaintiff's arrest. Based on essentially the same conduct, Count Two contends that the Agents named in Count One conspired to violate Plaintiff's civil rights by seeking warrants for her arrest without probable cause. Count Three asserts that Agents Covey and Taylor caused the Plaintiff to be falsely arrested. Counts Five and Six claim that the Commonwealth of Virginia sanctioned the unlawful law enforcement customs and practices of the Defendants (Count Five) and failed to properly train the Defendant agents (Count Six).

The balance of the Complaint is comprised of common law claims. Count Four alleges common law malicious prosecution, naming Agents Covey, Brown,...