March 27, 2014
A University of Virginia student charged last year with assaulting ABC 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.
Instead of beer, a friend of Elizabeth K. Daly, now 21, had purchased a case of canned water from a Charlottesville grocery. Daly said she was terrified when plainclothes agents surrounded her car and banged on the windows ordering her to roll them down.
After one agent drew a gun and another jumped on the car hood, she said she panicked, unsure they were really agents, and fled the scene in her car, grazing two of the agents. The charges were later dropped, and her record was expunged.
Among other things, her 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.
Michael Kelly, director of communications for Virginia Attorney General Mark Herring, said, “It’s incredibly unfortunate that the situation that night in Charlottesville occurred at all.
“As this case proceeds, the Attorney General’s Office will defend the commonwealth’s interests and work to ensure a just and reasonable outcome,” Kelly said.
The suit states that Daly, of Henrico County, “does not and never has consumed alcohol or abused drugs, and/or her parents, on her behalf, have incurred significant legal, medical and other costs, and will continue to do so in the future due to the malicious, intentional, and/or grossly negligent actions of the (d)efendants.” She has a tremor in her right hand, intense anxiety, post-traumatic stress disorder and other problems as a result of the April 11 incident, the suit alleges.
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