Lawsuit against Virginia Beach sheriff's office should be dismissed, magistrate says

Posted to: News Virginia Beach

VIRGINIA BEACH

A federal magistrate has recommende d that a lawsuit filed by a woman who alleged that she was the victim of excessive force in City Jail should be dismissed.

Janace Johnson, 60, sued the city, the state, Sheriff Paul Lanteigne, two sheriff's deputies and a policeman last year after she emerged from jail with a broken eye socket and other injuries. She had been arrested on a domestic violence charge.

A federal judge in March threw out all Johnson's claims except for the ones alleging excessive force by sheriff's deputies.

This week, U.S. Magistrate Judge James E. Bradberry found that the sheriff's deputies and Lanteigne are entitled to "qualified immunity," which can shield government employees on the job from claims of civil damages. The matter now goes to a judge who will make the final call.

Johnson's attorney, Tim Anderson, said his client will appeal the magistrate's decision. He has argued that Johnson is mentally ill and should have a jury trial. A video of the incident from the jail's inmate processing area shows Johnson standing up and two sheriff's deputies pushing her down to a bench before wrestling her to the floor.

Aaron Applegate, (757) 222-5122, aaron.applegate@pilotonline.com

 

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With out fear

With out fear of being held responsible????? Please give me examples. Thanks!

ACCOUNTABILITY

... until there is adequate accountability of those who are currently entitled to "qualified immunity" this type of behavior will likely continue.

IMO, no person in the employ of the people... be they paid by a county, city, state or the federal government... should be immune from anything. Immunity tends to removes the responsibility to follow acceptable practices as the fear of punishment is lessened, if not negated.

Mentally ill?

Theres always some sort of excuse these days. The mentally ill running around able to do whatever...without fear of being held responsible.

Score One fFor the Sheriff Deapartment

Don't worry our esteem sheriff and his punks will get there's eventually.

Please get all the facts . . .

This woman may have mental problems that need to be dealt with, but if you actually look at the video, she assaulted the deputy before they laid a hand on her. This woman was at fault, mental problem or not, for what happened. Lets hope everyone learns from the situation for the future. She never should have been brought to the jail in the first place. The case should be dismissed. Everyone is responsible for their own actions, regardless of mental history or not. She was on medication and decided to stop taking it.

Does This Surprise Anyone??

Is anyone surprised that the Sheriff's Department is given a "free pass" by a magistrate??

Gee the Newspaper kind of

Gee the Newspaper kind of forgot to show the woman first punch a female deputy in the face...oh yes, and she was locked up for beating up her husband!

60 years old?

Is it really necessary for two deputies to push her down and wrestle her to the floor??? I doubt it, but it probably goes on more than any of us will ever know...

How much......

crap are we in the law enforcement community supposed to take???
This woman was NOT Mentally Ill. I just wish, once, the press would put out the whole story. Granted, there are SOME cases of excessive force. NO PROFESSION IS PERFECT!!!! But, how many of you people have to worry about going to work and being cussed, being spat upon and threatened on a day basis. Or, my favorite, how many of you have people have feces thrown on you while you're at work. We tolerate more than any other job, and, we have to worry about what the public thinks of us.....

So often misunderstood

The mentally ill are so often misunderstood, and frequently suffer abuse. This woman should have a trial with a jury.

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