BILLINGS PRO BACKUP DIRECTORY CODE

Teefey, Jr., Judge In this appeal, we consider whether the Circuit Court of the City of Petersburg (“circuit court”) erred when it granted Brian Billings’ (“Billings”) motion to strike the evidence of Monica Cromartie’s (“Cromartie”) claims against him for an unlawful search based on Code § 19.2-59, for excessive force under 42 U.S.C. LEMONS JANUBRIAN LEE BILLINGS FROM THE CIRCUIT COURT OF THE CITY OF PETERSBURG Joseph M. 180851 OPINION BY CHIEF JUSTICE DONALD W.

The Supreme Court reversed, holding (1) Billings' search was performed contrary to well-established law and violated Cromartie's Fourth Amendment rights, and therefore, the circuit court erred by granting the motion to strike based on sovereign immunity for the section 19.2-59 claim for unlawful search (2) the circuit court erred by striking the section 1983 claim for false arrest based upon qualified immunity and (3) Billings' use of force was unreasonable under the circumstances, and therefore, the section 1983 excessive force claim failed both prongs of the qualified immunity analysis at the motion to strike stage. 1983, and for false arrest under section 1983, holding that the circuit court erred by granting Billings' motion to strike the three claims based on sovereign immunity and qualified immunity.Īt the close of Cromartie's case-in-chief the circuit court granted Billings' motion to strike the section 1983 and section 19.2-59 claims on the grounds of qualified immunity and sovereign immunity, respectively. Code 19.2-59, for excessive force under 42 U.S.C. The Supreme Court reversed the judgment of the circuit court granting the motion to strike the evidence of Monica Cromartie's claims against Brian Billings, a former police officer, for an unlawful search based on Va.

Billings pro backup directory