(AP) A $40 million lawsuit against the state and seven agents with the Alcoholic Beverage Commission is headed to federal court.
The suit was filed in a state court last month by Elizabeth K. Daly, who was arrested by ABC agents who mistook sparkling water for beer. The University of Virginia student was charged with assault after she attempted to drive away from plainclothes agents. The charges were later dropped.
This week, the Virginia attorney general’s office had the case transferred to U.S. District Court in Richmond. Court records show the case is assigned to U.S. District Judge Henry E. Hudson.
Explaining the move, a spokesman told the Richmond Times-Dispatch the suit involves federal questions.
Daly was too young to legally possess alcohol one year ago when the agents saw a friend of Daly’s with the sparkling water leaving a Charlottesville store.