During this unexpected physical contact, Cromartie exclaimed, cursed, and appeared to ask Billings to explain the violence. Cromartie continued talking on the phone, turned momentarily towards Billings, and said, “Hey officer, leave me alone.” Mere seconds passed before Billings opened the driver’s door, grabbed Cromartie by the arm, pulled her from the vehicle, and forced her face-down onto the pavement. Following another pause, Billings said, “Ma’am,” and knocked on her window a second time. Cromartie glanced at Billings briefly and said, “What.” After a pause, Billings said, “I need you to roll down your window.” Cromartie made no movement to indicate that she heard Billings as she talked loudly on the phone. 1 Billings knocked on Cromartie’s window. Billings’ body camera video showed Cromartie in the driver’s seat talking on a cell phone. After stopping Cromartie, Billings “waited until backup arrived,” then approached Cromartie’s vehicle. According to the summons for speeding written and issued by Billings, Cromartie was four feet, nine inches tall. She suffered from a condition known as strabismus which causes a misalignment of the eyes, and had also sustained knee injuries, had a plate in her right ankle, was afflicted by hearing issues, and had a rough speaking voice. At the time of this incident, Cromartie was a fifty-four-year-old woman weighing about 100-pounds. Billings directed Cromartie to reenter her vehicle and close the door. Before Billings approached Cromartie’s car, she exited her vehicle, yelling to Billings. #Billings pro backup driectory trial#The evidence presented at trial demonstrated that on February 12, 2015, Billings initiated a traffic stop of Cromartie’s vehicle for speeding. The matter proceeded to a day-long jury trial. #Billings pro backup driectory code#Facts and Proceedings Cromartie filed a complaint in the circuit court against Billings, a former police officer, alleging two Fourth Amendment violations under § 1983 for excessive force and false arrest, a violation of Code § 19.2-59 for an illegal search, and claims for assault, battery, false imprisonment, and malicious prosecution. 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.
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