Saturday, March 29, 2014

BIG BEER BUST BACKFIRES

College student sues for getting busted and traumatized at gunpoint by Virginia ABC agents after she had bought bottled water

The State of Virginia hopes to settle this lawsuit and I can understand why. If the case ever went to trial there is no telling how much a jury would award this victim of some really piss-poor police work.

STUDENT SUES FOR $40 MILLION AFTER BEING HAULED FROM HER CAR AT GUNPOINT AND ARRESTED FOR BUYING BEER UNDERAGE WHEN SHE ONLY BOUGHT BOTTLED WATER
By Peter Rugg

Mail Online
March 28, 2014

A University of Virginia student arrested by Alcoholic Beverage Control agents who wrongly believed she'd illegally bought beer when in fact she only had bottled water is seeking $40 million in a lawsuit filed Tuesday.

Elizabeth K. Daly, 21, alleges malicious prosecution, six counts of assault and battery and failure to appropriately train ABC agents in the suit which names the state and seven agents involved in her arrest.

Daly was arrested on April 11, 2013 when ABC agents confronted her outside of a Charlottesville supermarket.

They believed she had purchased beer. She had actually purchase LaCroix sparkling water.

Daly claimed she attempted to flee from the agents because neither were in uniform, one pulled a gun, and the other tried to smash her car window with a flashlight.

'My roommates and I were terrified,' Daly told the Hook. 'We called 911 as we had been taught to do if you were ever unsure of the validity of people saying they are law enforcement.'

Daly said once they saw one of the agents draw a gun she sped away, only to be stopped and arrested at an intersection.

She was charged with two felonies for grazing the agents with her car and spent the night in jail.

Prosecutors withdrew the charges in June and her record was completely expunged in October.

Daly's lawsuit states that she now suffers a tremor in her right hand as well as intense anxiety and a host of other problems following the incident, CBS DC reported.

She further claimed that both she and her parents 'have incurred significant legal, medical, and other costs, and will continue to do so in the future due to the malicious, intentional' and negligent actions of the agents.

The state has deemed the case 'incredibly unfortunate,' according to a spokesman for Attorney General Mark Herring.

'As this case proceeds, the Attorney General’s office will defend the Commonwealth’s interests and work to ensure a just and reasonable outcome,' said spokesman Michael Kelly.

In November, the ABC admitted that the agents violated department policy during the arrest.

The agency said corrective measures against the agents had been taken but declined to specific steps were taken, as policy prohibits the release of individual personnel information and disciplinary proceeding results.

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