The state of Virginia was dismissed from a lawsuit this week that was filed by a student at University of Virginia, who was charged with assaulting two agents at an ABC store in Charlottesville. The agents attempted to stop her for possessing alcohol under the age of 21.
U.S. District Judge Henry E. Hudson stated that he will rule within two weeks on the request by the AG’s office to dismiss the $40 million lawsuit. The AG’s office argues that the defendants who remain – the seven ABC agents – acted in a reasonable fashion on April 11, 2013, when Elizabeth Daly from Henrico County was arrested.
The senior assistant AG, Catherine Crooks Hill, stated that the agents did nothing wrong; Daly did. She noted that there is no right to resist a detention by police, even if it is illegal.
Daly alleges that she suffers from PTSD after the incident. She left the court in tears and would not comment to the media.
The agents were watching for underage drinkers, and they saw Daly and two of her friends leave a Harris Teeter grocery store and get into a car. One of them carried a case of water in cans, which the agents thought was beer.
The agents were undercover and approached the car. They displayed their badges, but Daly and her friends claim they did not know who they were and were scared. One of them drew a gun and they surrounded the car. Daly then drove away in fear, she said.
Daly then was charged with assaulting the agents, as she grazed two of them as she fled the scene.
Her lawsuit alleged malicious prosecution and failure to train ABC agents correctly. The AG’s office argued that the police have the right to walk up to someone and talk to them.
Her attorney still thinks the case has a chance for a favorable ruling for the plaintiff.