Claim for false arrest against Buena Vista mediated – $160,000 settlement

In December 2018, a Lynchburg man was traveling through the City of Buena Vista on a job assignment when a police officer pulled him over for having an expired inspection sticker. The sticker had expired four days earlier. The man promptly surrendered his driver’s license and registration, and a subsequent check by the officer of both documents disclosed no further reason to detain him.

When the officer asked the man where he was going and from where he came, the man asserted his right not to answer those questions. The officer then called for backup and informed the man he intended to run his canine unit around the vehicle. Once backup arrived, the officer ran his canine around the vehicle and claimed that the dog had alerted on the car.

The officer then asked the man whether the man would be willing to unlock his car. The man, who spoke within his constitutional rights, responded that he would only unlock the car if directly ordered to do so. The officer then proceeded to unlock the man’s car with an unlock kit. After searching the interior of the car—and finding no evidence of contraband—the officer then attempted to open the trunk of the man’s vehicle. The officer could not fully access the trunk, however, because the trunk was filled with equipment that the man was transporting for his job. The officer then asked the man whether the man would open his trunk, and the man again responded that he would only do so if ordered.

The officer then conferred with the backup officer, who was also his supervisor, and the two agreed that they would arrest the man for obstruction of justice. The alleged basis of the charge was the man’s failure to unlock the car doors or trunk, notwithstanding that the officers never specifically ordered the man to unlock either. The officers arrested the man and kept him locked up for approximately 7  to 10 hours.

The man prepared his own defense and appeared in General District Court to defend the charge. Upon showing the body camera footage to the judge, the judge dismissed the charge in the man’s favor. The man then sought legal representation with the Halperin Law Center to vindicate his constitutional rights.

The Halperin Law Center prepared a lawsuit alleging, inter alia, false arrest, unreasonable search and malicious prosecution. The case was successfully mediated for $160,000. This matter settled prior to the filing of the lawsuit. Although it had been drafted, no lawsuit was filed or served.

[19-T-169]

Type of action: Civil Rights

Name of mediator: Hon. John J. McGrath Jr. (Ret.)

Date resolved: Sept. 25, 2019

Verdict or settlement: Settlement

Amount: $160,000

Attorneys for plaintiff: Jonathan E. Halperin, Glen Allen

Attorneys for defendant: John Zunka, Charlottesville