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University of Virginia Student's Lawsuit Against Virginia ABC (Alcohol Beverage Control Agents) to Continue

Part of a UVa student's $40 million lawsuit against ABC agents has survived the defendants' motion to dismiss. The well publicized case arose out of an incident in the parking lot of the Harris Teeter in Barrack's Road Shopping Center in Charlottesville. Undercover ABC agents attempted to arrest the UVa student when they mistook her sparkling water for beer. Frightened and confused by the ABC agents, the UVa student drove off in her car as the ABC agents banged on the window and drew a firearm. 

La Croix Sparkling Water

After calling 911 to report the incident, the UVa student was arrested for assaulting the agents and spent a night in jail before prosecutors quickly dismissed all charges. The UVa student is now suing the ABC agents and the State for a variety of claims, many of which were dismissed by Judge Hudson's ruling on the motion to dismiss. However, Judge Hudson allowed the claims for false arrest, malicious prosecution and assault against three of the seven ABC agents to continue. Judge Hudson also directed her attorneys to merge those claims into a claim that the plaintiff's constitutional rights had been violated. The claims against the State and claim for conspiracy to commit false prosecution were dismissed. Although the case arose in Charlottesville, the case is pending in the Richmond Division of the Eastern District of Virginia. More information can be found in the Richmond Times Dispatch article about Judge Hudson's ruling.

Copyright © 2023 Womble Bond Dickinson (US) LLP All Rights Reserved.National Law Review, Volume IV, Number 169
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About this Author

Jason Hicks, Antitrust Attorney, Womble Carlyle, Government Contracting Lawyer
Partner

Jason Hicks is a member of the Firm's Antitrust, Distribution and Franchise Law Practice Group. Jason has experience litigating cases and counseling clients in a wide variety of matters involving federal and state antitrust laws, franchise and dealer protection statutes, unfair and deceptive trade practices, advertising laws and regulations, industry-specific trade regulations, contract disputes, business torts, and constitutional law. Jason's practice focuses on helping clients efficiently and effectively move their products through various levels of distribution by developing strategies...

202-857-4536
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