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Virginia Civil Court Complaint
Summary
Filing a civil complaint in Virginia requires understanding claims such as false arrest, defamation, and civil rights violations. Ensure your complaint is detailed, supported by evidence, and follows Virginia civil procedure. Consider consulting a civil rights attorney for guidance on Section 1983 claims and potential defendants like the Virginia State Police or City of Roanoke. Attach relevant documents, such as criminal history corrections, to strengthen your case. If defendants file a motion to dismiss, prepare a response highlighting the sufficiency of your claims.Full Conversation
I need you to draft a complaint for me to submit to civil court that complies with Virginia civil procedure about my situation
Hi ****! I can certainly provide you with some general guidance on drafting a complaint for Virginia civil court. To help you better, could you please provide a brief description of your legal issue and the main facts of your case?
I went to a gun dealer located at a pawn shop in Virginia on */*/* . Filled out the application to purchase a firearm. Selected no when it asked if i am a felon, because I’m not, and the man (named Roy) runs the background check and tells me its taking longer than expected to come back, and he’ll give me a call when he hears something. A few hours later I get a call from a state police (named Shenk) stating that
*- I had an active warrant for missing traffic court (which I did, unintentionally) and
*- I’m a convicted felon, which I’m not. I did explain to the officer that I wasn’t a felon to which he replied “You are a felon”
The officer asked me to meet him the following day to clear all of this up, and we agreed to meet at the Roanoke city court house at *:00pm on the next day (Friday */*/*)
On Friday */*/*, while getting ready to go meet the state officer, I realize that my failure to appear was in Roanoke county and not Roanoke city, so when the state officer called to verify that we were still meeting, I asked if we could instead meet at the county courthouse, because that’s where my charge was for the failure to appear. I had no idea I was being charged with another crime for the firearm application. I thought I just wasn’t able to purchase one because of a background check. The officer agreed to meet at the county courthouse at *:30pm.
I arrive at the magistrates office with my family and wait for the officer to come and serve the warrant. He arrives and takes me outside in front of his patrol car to handcuff me and tell me I’m charged with failure to appear out of Roanoke county. We go into the magistrates office and he’s asking about a second warrant. I ask him, am I being charged with * charges or *. He responds that I have the failure to appear and also the falsifying documents charge when trying to purchase a firearm. I do tell him that I’m not a felon, never have been to my knowledge. To which he responds, I’ve even looked to see if your rights were restored and they weren’t. I asked him does he know how I can dispute info on a background check he did not know but told me “you’ll have your day in court to explain everything”
Afterwards the magistrate tells me my charges and asks me do I have anything to say about them. In regards to the failure to appear, I told him I simply forgot about the court date or got the dates mixed up. In regards to the falsifying documents charge I told him to my knowledge I’m not a felon. I told them both that I’m a commissioned notary in the state of Virginia so i don’t know how this is even happening. The magistrate looks over my criminal history and says “well you ARE a felon” and tells me the date and court that has me listed as a felon on his paperwork. Even showed it to me through the glass screen we were talking through. I simply said ok and waited for him to come back with info about my bond hearing. Magistrate did ask the officer various questions, like if I was cooperative ( I was)
For the failure to appear charge I was released on my own recognizance, but for the falsifying documents charge, there was a $* bond amount that I had to post before I could be released. I was then booked into jail and searched, and went through intake. I called my family who were in the lobby to post bond for me. I was booked in jail for maybe * and half hours. Not sure how long exactly.
Monday morning as soon as the courts open up I called to verify my criminal history with the court that was listed on the paper the magistrate showed me on Friday. I was told that I have no felonies from this courthouse ! Like I knew the entire time. I was initially charged with a felony but the case was dropped to a misdemeanor. I told her that they requested the criminal history from this office and she said no one requested it from there. I am not a felon. She said I can get a copy of the conviction/sentencing order with a court stamp on it for my records. I told her I would come by the following day which was Tuesday */* to pick that documentation up.
*/*
****icked up documents Tuesday */* after my arraignment for the actual case.
Reached out to VA state police via email on their website to see how to dispute information on a background check.
I was given a phone number and a persons name to call with an extension.
Wednesday:
I called Va State police and spoke with Marletta (supervisor) and told her what was going on, she told me that she sees where I petitioned the governor to restore my rights, but to my knowledge I’ve never petitioned the governor for anything. For one, I don’t know how to do that, and second, why would I ask for my rights to be restored if they were never lost to begin with. I told her this also, and she asked if I can send her a copy via email of the conviction order that I received from the clerks office on Monday that verifies I’m not a felon. I emailed it to the email she requested and I received a response stating “I will check into this”
Friday */*
NAAC**** request for assistance with litigation
Saturday */*
ACLU request for assistance with litigation
*/*
Spoke with Marletta. She stated that my background has been updated to reflect no felony charges. She stated she would reach out to the trooper and would call me back..
I would like to file a civil case and am I seeking assistance with litigation. I want to file a civil case against all relevant parties involved for false arrest, defamation, malicious prosecution, violation of my civil rights (under Section *), intentional infliction of emotional distress and negligence
Your situation involves serious legal issues including false arrest, defamation, malicious prosecution, violation of civil rights, and emotional distress.
To proceed, you should:
- Gather all relevant documents and evidence.
- Detail the events chronologically.
- Consult a civil rights attorney experienced in Section * claims.
Would you like more information on finding a suitable attorney or any specific guidelines for drafting your complaint?
To proceed, you should:
- Gather all relevant documents and evidence.
- Detail the events chronologically.
- Consult a civil rights attorney experienced in Section * claims.
Would you like more information on finding a suitable attorney or any specific guidelines for drafting your complaint?
Should I sue for malicious prosecution based on what I’ve put, if there was no ill intent
For a malicious prosecution claim in Virginia, you generally need to prove:
- The prosecution was initiated or continued by the defendant.
- The prosecution ended in your favor.
- There was no probable cause for the prosecution.
- The prosecution was initiated with malice.
If there was no ill intent, proving malice might be challenging. It would be wise to consult with an attorney to evaluate the specifics of your case. Would you like more information on finding a suitable attorney?
- The prosecution was initiated or continued by the defendant.
- The prosecution ended in your favor.
- There was no probable cause for the prosecution.
- The prosecution was initiated with malice.
If there was no ill intent, proving malice might be challenging. It would be wise to consult with an attorney to evaluate the specifics of your case. Would you like more information on finding a suitable attorney?
On what grounds do i have a strong case if all the information i just explained was *% accurate. List all of them that would apply more likely than not and would be able to prove its validity
Based on the information provided, here are the grounds on which you may have a strong case if everything is accurate:
- False Arrest: Arrested without probable cause.
- Defamation: False statements about being a felon.
- Malicious ****rosecution: If you can prove malice.
- Violation of Civil Rights (Section *): Rights violated under color of state law.
- Intentional Infliction of Emotional Distress: Extreme and outrageous conduct causing distress.
- Negligence: Failure to verify accurate criminal history.
Would you like more details on any of these grounds?
- False Arrest: Arrested without probable cause.
- Defamation: False statements about being a felon.
- Malicious ****rosecution: If you can prove malice.
- Violation of Civil Rights (Section *): Rights violated under color of state law.
- Intentional Infliction of Emotional Distress: Extreme and outrageous conduct causing distress.
- Negligence: Failure to verify accurate criminal history.
Would you like more details on any of these grounds?
What is the first step to file in circuit court if I have all evidence I need
The first step to file in circuit court in Virginia is to draft and file a complaint. The complaint should include:
- A statement of the facts
- The legal grounds for your claims
- The relief you are seeking
Would you like more detailed guidelines on drafting your complaint?
- A statement of the facts
- The legal grounds for your claims
- The relief you are seeking
Would you like more detailed guidelines on drafting your complaint?
Yes, draft one for me please and make sure it follows proper civil procedure
Here is a sample complaint that follows Virginia civil procedure:
[Your Name]
[Your Address]
[City, State, ZI****]
[****hone Number]
[Email Address]
IN THE CIRCUIT COURT OF [COUNTY], VIRGINIA
[Your Name], ****laintiff
v.
[Officer Shenk, Roy, Gun Dealer, etc.], Defendants
COM****LAINT
*. Jurisdiction and Venue
*.* The plaintiff, [Your Name], is a resident of [City, State].
*.* The defendants are [Officer Shenk, Roy, Gun Dealer, etc.], who are located or operate within [County], Virginia.
*.* This Court has jurisdiction over this matter under Virginia law.
*. ****arties
*.* ****laintiff: [Your Name]
*.* Defendants:
- Officer Shenk
- Roy, Gun Dealer
- [Other relevant parties]
*. Facts
*.* On */*/*, ****laintiff visited a gun dealer located at a pawn shop in Virginia and filled out an application to purchase a firearm.
*.* ****laintiff was informedthat the background check was taking longer than expected.
*.* On */*/*, ****laintiff was contacted by state police officer Shenk, who falsely stated that ****laintiff had an active warrant for missing traffic court and was a convicted felon.
*.* ****laintiff met Officer Shenk at the Roanoke County courthouse on */*/*, where ****laintiff was arrested and charged with failure to appear and falsifying documents.
*.* ****laintiff was detained, booked into jail, and later released on bond.
*.* On */*/*, ****laintiff verified with the court that ****laintiff had no felony conviction.
*.* ****laintiff contacted the Virginia State ****olice, who confirmed an error in ****laintiff's criminal history and updated the records on */*/*.
*. Claims
*.* False Arrest: ****laintiff was arrested without probable cause.
*.* Defamation: Defendants falsely stated ****laintiff was a felon.
*.* Malicious ****rosecution: Defendants initiated prosecution without probable cause and with malice.
*.* Violation of Civil Rights (Section *): Defendants violated ****laintiff’s rights under color of state law.
*.* Intentional Infliction of Emotional Distress:
[Your Name]
[Your Address]
[City, State, ZI****]
[****hone Number]
[Email Address]
IN THE CIRCUIT COURT OF [COUNTY], VIRGINIA
[Your Name], ****laintiff
v.
[Officer Shenk, Roy, Gun Dealer, etc.], Defendants
COM****LAINT
*. Jurisdiction and Venue
*.* The plaintiff, [Your Name], is a resident of [City, State].
*.* The defendants are [Officer Shenk, Roy, Gun Dealer, etc.], who are located or operate within [County], Virginia.
*.* This Court has jurisdiction over this matter under Virginia law.
*. ****arties
*.* ****laintiff: [Your Name]
*.* Defendants:
- Officer Shenk
- Roy, Gun Dealer
- [Other relevant parties]
*. Facts
*.* On */*/*, ****laintiff visited a gun dealer located at a pawn shop in Virginia and filled out an application to purchase a firearm.
*.* ****laintiff was informedthat the background check was taking longer than expected.
*.* On */*/*, ****laintiff was contacted by state police officer Shenk, who falsely stated that ****laintiff had an active warrant for missing traffic court and was a convicted felon.
*.* ****laintiff met Officer Shenk at the Roanoke County courthouse on */*/*, where ****laintiff was arrested and charged with failure to appear and falsifying documents.
*.* ****laintiff was detained, booked into jail, and later released on bond.
*.* On */*/*, ****laintiff verified with the court that ****laintiff had no felony conviction.
*.* ****laintiff contacted the Virginia State ****olice, who confirmed an error in ****laintiff's criminal history and updated the records on */*/*.
*. Claims
*.* False Arrest: ****laintiff was arrested without probable cause.
*.* Defamation: Defendants falsely stated ****laintiff was a felon.
*.* Malicious ****rosecution: Defendants initiated prosecution without probable cause and with malice.
*.* Violation of Civil Rights (Section *): Defendants violated ****laintiff’s rights under color of state law.
*.* Intentional Infliction of Emotional Distress:
Continue please. It cut off after *.*
*.* Intentional Infliction of Emotional Distress: Defendants' extreme and outrageous conduct caused ****laintiff severe emotional distress.
*.* Negligence: Defendants failed to verify ****laintiff's accurate criminal history.
*. Relief Sought
****laintiff requests the following relief:
- Compensatory damages
- ****unitive damages
- Legal costs and fees
- Any other relief the Court deems just and proper
*. ****rayer for Relief
Wherefore, ****laintiff requests judgment against Defendants as follows:
- For false arrest
- For defamation
- For malicious prosecution
- For violation of civil rights
- For intentional infliction of emotional distress
- For negligence
Respectfully submitted,
[Your Name]
[Signature]
[Date]
Would you like more assistance with anything else?
*.* Negligence: Defendants failed to verify ****laintiff's accurate criminal history.
*. Relief Sought
****laintiff requests the following relief:
- Compensatory damages
- ****unitive damages
- Legal costs and fees
- Any other relief the Court deems just and proper
*. ****rayer for Relief
Wherefore, ****laintiff requests judgment against Defendants as follows:
- For false arrest
- For defamation
- For malicious prosecution
- For violation of civil rights
- For intentional infliction of emotional distress
- For negligence
Respectfully submitted,
[Your Name]
[Signature]
[Date]
Would you like more assistance with anything else?
Who else can be named as a defendant if the error was made by the courts? Va state police? City of Roanoke?
If the error was made by the courts, potential defendants could include:
- The Virginia State ****olice, for providing incorrect information.
- The specific officers involved in your arrest and prosecution.
- The City of Roanoke, if their employees or agents contributed to the error.
Would you like more information on how to proceed with naming these parties in your complaint?
- The Virginia State ****olice, for providing incorrect information.
- The specific officers involved in your arrest and prosecution.
- The City of Roanoke, if their employees or agents contributed to the error.
Would you like more information on how to proceed with naming these parties in your complaint?
Yes
To proceed with naming these parties in your complaint, follow these steps:
*. Identify each defendant's role in the error and your resulting harm.
*. Include detailed allegations against each defendant in the "****arties" and "Facts" sections.
*. Ensure you have evidence to support your claims against each defendant.
Would you like a revised sample complaint with these additional defendants included?
*. Identify each defendant's role in the error and your resulting harm.
*. Include detailed allegations against each defendant in the "****arties" and "Facts" sections.
*. Ensure you have evidence to support your claims against each defendant.
Would you like a revised sample complaint with these additional defendants included?
Would I file a complaint against the court or the city
You would typically file a complaint against the City of Roanoke if their employees or agents contributed to the error, rather than the court itself. Courts generally have judicial immunity, which protects them from being sued for their official actions. Would you like more details on how to name the city as a defendant in your complaint?
Yes how to name the city as a defendant
To name the City of Roanoke as a defendant in your complaint, follow these steps:
*. ****arties Section:
- Add "City of Roanoke" as a defendant.
- State that the City of Roanoke is responsible for the actions of its employees and agents.
*. Facts Section:
- Describe how the City's employees or agents contributed to the error and your resulting harm.
- ****rovide specific details and evidence.
*. Claims Section:
- Include relevant claims against the City of Roanoke, such as negligence and violation of civil rights.
Would you like a revised sample complaint with the City of Roanoke included?
*. ****arties Section:
- Add "City of Roanoke" as a defendant.
- State that the City of Roanoke is responsible for the actions of its employees and agents.
*. Facts Section:
- Describe how the City's employees or agents contributed to the error and your resulting harm.
- ****rovide specific details and evidence.
*. Claims Section:
- Include relevant claims against the City of Roanoke, such as negligence and violation of civil rights.
Would you like a revised sample complaint with the City of Roanoke included?
Yes and the Va state police
Here's a revised sample complaint including the City of Roanoke and the Virginia State ****olice:
---
[Your Name]
[Your Address]
[City, State, ZI****]
[****hone Number]
[Email Address]
IN THE CIRCUIT COURT OF [COUNTY], VIRGINIA
[Your Name], ****laintiff
v.
Officer Shenk, Roy, Gun Dealer, Virginia State ****olice, City of Roanoke, Defendants
COM****LAINT
*. Jurisdiction and Venue
*.* The plaintiff, [Your Name], is a resident of [City, State].
*.* The defendants are Officer Shenk, Roy, Gun Dealer, Virginia State ****olice, and the City of Roanoke, who are located or operate within [County], Virginia.
*.* This Court has jurisdiction over this matter under Virginia law.
*. ****arties
*.* ****laintiff: [Your Name]
*.* Defendants:
- Officer Shenk
- Roy, Gun Dealer
- Virginia State ****olice
- City of Roanoke
***. Facts
*.* On */*/*, ****laintiff visited a gun dealer located at a pawn shop in Virginia and filled out an application to purchase a firearm.
*.* ****laintiff was informed that the background check was taking longer than expected.
*.* On */*/*, ****laintiff was contacted by state police officer Shenk, who falsely stated that ****laintiff had an active warrant for missing traffic court and was a convicted felon.
*.* ****laintiff met Officer Shenk at the Roanoke County courthouse on */*/*, where ****laintiff was arrested and charged with failure to appear and falsifying documents.
*.* ****laintiff was detained, booked into jail, and later released on bond.
*.* On */*/*, ****laintiff verified with the court that ****laintiff had no felony conviction.
*.* ****laintiff contacted the Virginia State ****olice, who confirmed an error in ****laintiff's criminal history and updated the records on */*/*.
*.* The City of Roanoke, through its employees or agents, contributed to the error by failing to verify the accurate criminal history of the ****laintiff, leading to wrongful charges and detention.
---
[Your Name]
[Your Address]
[City, State, ZI****]
[****hone Number]
[Email Address]
IN THE CIRCUIT COURT OF [COUNTY], VIRGINIA
[Your Name], ****laintiff
v.
Officer Shenk, Roy, Gun Dealer, Virginia State ****olice, City of Roanoke, Defendants
COM****LAINT
*. Jurisdiction and Venue
*.* The plaintiff, [Your Name], is a resident of [City, State].
*.* The defendants are Officer Shenk, Roy, Gun Dealer, Virginia State ****olice, and the City of Roanoke, who are located or operate within [County], Virginia.
*.* This Court has jurisdiction over this matter under Virginia law.
*. ****arties
*.* ****laintiff: [Your Name]
*.* Defendants:
- Officer Shenk
- Roy, Gun Dealer
- Virginia State ****olice
- City of Roanoke
***. Facts
*.* On */*/*, ****laintiff visited a gun dealer located at a pawn shop in Virginia and filled out an application to purchase a firearm.
*.* ****laintiff was informed that the background check was taking longer than expected.
*.* On */*/*, ****laintiff was contacted by state police officer Shenk, who falsely stated that ****laintiff had an active warrant for missing traffic court and was a convicted felon.
*.* ****laintiff met Officer Shenk at the Roanoke County courthouse on */*/*, where ****laintiff was arrested and charged with failure to appear and falsifying documents.
*.* ****laintiff was detained, booked into jail, and later released on bond.
*.* On */*/*, ****laintiff verified with the court that ****laintiff had no felony conviction.
*.* ****laintiff contacted the Virginia State ****olice, who confirmed an error in ****laintiff's criminal history and updated the records on */*/*.
*.* The City of Roanoke, through its employees or agents, contributed to the error by failing to verify the accurate criminal history of the ****laintiff, leading to wrongful charges and detention.
****lease continue after *.*
*.* The Virginia State ****olice, through its employees or agents, failed to provide accurate information regarding ****laintiff's criminal history.
*. Claims
*.* False Arrest: ****laintiff was arrested without probable cause.
*.* Defamation: Defendants falsely stated ****laintiff was a felon.
*.* Malicious ****rosecution: Defendants initiated prosecution without probable cause and with malice.
*.* Violation of Civil Rights (Section *): Defendants violated ****laintiff’s rights under color of state law.
*.* Intentional Infliction of Emotional Distress: Defendants' extreme and outrageous conduct caused ****laintiff severe emotional distress.
*.* Negligence: Defendants, including the City of Roanoke and the Virginia State ****olice, failed to verify ****laintiff's accurate criminal history.
*. Relief Sought
****laintiff requests the following relief:
- Compensatory damages
- ****unitive damages
- Legal costs and fees
- Any other relief the Court deems just and proper
*. ****rayer for Relief
Wherefore, ****laintiff requests judgment against Defendants as follows:
- For false arrest
- For defamation
- For malicious prosecution
- For violation of civil rights
- For intentional infliction ofemotional distress
- For negligence
Respectfully submitted,
[Your Name]
[Signature]
[Date]
---
Would you like assistance with anything else, such as finding an attorney or understanding the filing process?
*. Claims
*.* False Arrest: ****laintiff was arrested without probable cause.
*.* Defamation: Defendants falsely stated ****laintiff was a felon.
*.* Malicious ****rosecution: Defendants initiated prosecution without probable cause and with malice.
*.* Violation of Civil Rights (Section *): Defendants violated ****laintiff’s rights under color of state law.
*.* Intentional Infliction of Emotional Distress: Defendants' extreme and outrageous conduct caused ****laintiff severe emotional distress.
*.* Negligence: Defendants, including the City of Roanoke and the Virginia State ****olice, failed to verify ****laintiff's accurate criminal history.
*. Relief Sought
****laintiff requests the following relief:
- Compensatory damages
- ****unitive damages
- Legal costs and fees
- Any other relief the Court deems just and proper
*. ****rayer for Relief
Wherefore, ****laintiff requests judgment against Defendants as follows:
- For false arrest
- For defamation
- For malicious prosecution
- For violation of civil rights
- For intentional infliction ofemotional distress
- For negligence
Respectfully submitted,
[Your Name]
[Signature]
[Date]
---
Would you like assistance with anything else, such as finding an attorney or understanding the filing process?
Why would it be intentional infliction of emotional distress
Intentional infliction of emotional distress (IIED) in Virginia requires proving:
- The conduct was intentional or reckless.
- The conduct was outrageous and intolerable.
- The conduct caused emotional distress.
- The distress was severe.
In your case, falsely being labeled a felon, arrested, and detained could be considered extreme and outrageous, causing significant emotional distress.
Would you like more details on proving IIED or anything else?
- The conduct was intentional or reckless.
- The conduct was outrageous and intolerable.
- The conduct caused emotional distress.
- The distress was severe.
In your case, falsely being labeled a felon, arrested, and detained could be considered extreme and outrageous, causing significant emotional distress.
Would you like more details on proving IIED or anything else?
****lease explain the role of the pawn sho and how the lawsuit applies to them
The pawn shop's role in your situation involves:
- Conducting the initial background check when you applied to purchase a firearm.
- ****otentially providing incorrect or incomplete information regarding your criminal history.
How the lawsuit applies to them:
- Negligence: If they failed to properly verify your criminal history, contributing to your false arrest and charges.
- Defamation: If they made or conveyed false statements about you being a felon.
Do you need more details on how to include the pawn shop in your complaint or any other assistance?
- Conducting the initial background check when you applied to purchase a firearm.
- ****otentially providing incorrect or incomplete information regarding your criminal history.
How the lawsuit applies to them:
- Negligence: If they failed to properly verify your criminal history, contributing to your false arrest and charges.
- Defamation: If they made or conveyed false statements about you being a felon.
Do you need more details on how to include the pawn shop in your complaint or any other assistance?
What about false imprisonment
False imprisonment involves being unlawfully confined or restrained against your will. In your case, there's a potential claim for false imprisonment based on the following:
- You were detained by Officer Shenk based on incorrect information.
- The detention was without proper legal authority since you were not a felon.
- The imprisonment lasted until you posted bond and was in error.
Would you like more details on proving false imprisonment or assistance with anything else?
- You were detained by Officer Shenk based on incorrect information.
- The detention was without proper legal authority since you were not a felon.
- The imprisonment lasted until you posted bond and was in error.
Would you like more details on proving false imprisonment or assistance with anything else?
I can file a claim for wrongful arrest and false imprisonment are they two separate things
False arrest and false imprisonment are related but distinct claims:
- False Arrest: Involves being detained without legal justification, usually at the moment of arrest.
- False Imprisonment: Involves being unlawfully confined after the initial arrest, without legal justification.
Would you like more details on proving these claims or assistance with anything else?
- False Arrest: Involves being detained without legal justification, usually at the moment of arrest.
- False Imprisonment: Involves being unlawfully confined after the initial arrest, without legal justification.
Would you like more details on proving these claims or assistance with anything else?
How would these be relevant to my case
These claims are highly relevant to your case based on the details provided. Here's how they apply:
- False Arrest: Arrested without probable cause, based on incorrect information.
- False Imprisonment: Unlawfully detained after the initial arrest without legal justification.
- Defamation: False statements labeling you a felon.
- Malicious ****rosecution: ****rosecution without probable cause and with potential malice.
- Violation of Civil Rights (Section *): Rights violated under color of state law.
- Intentional Infliction of Emotional Distress: Extreme and outrageous conduct causing distress.
- Negligence: Failure to verify accurate criminal history.
Would you like more information on how to file these claims or any additional guidance?
- False Arrest: Arrested without probable cause, based on incorrect information.
- False Imprisonment: Unlawfully detained after the initial arrest without legal justification.
- Defamation: False statements labeling you a felon.
- Malicious ****rosecution: ****rosecution without probable cause and with potential malice.
- Violation of Civil Rights (Section *): Rights violated under color of state law.
- Intentional Infliction of Emotional Distress: Extreme and outrageous conduct causing distress.
- Negligence: Failure to verify accurate criminal history.
Would you like more information on how to file these claims or any additional guidance?
Do
Filing these claims would be relevant to your case for the following reasons:
- False Arrest: You were arrested without probable cause, based on incorrect information.
- False Imprisonment: You were unlawfully detained after the initial arrest without legal justification.
- Defamation: False statements labeling you a felon.
- Malicious ****rosecution: ****rosecution without probable cause and with potential malice.
- Violation of Civil Rights (Section *): Rights violated under color of state law.
- Intentional Infliction of Emotional Distress: Extreme and outrageous conduct causing distress.
- Negligence: Failure to verify accurate criminal history.
Would you like more detailed guidance on how to file these specific claims in your complaint?
- False Arrest: You were arrested without probable cause, based on incorrect information.
- False Imprisonment: You were unlawfully detained after the initial arrest without legal justification.
- Defamation: False statements labeling you a felon.
- Malicious ****rosecution: ****rosecution without probable cause and with potential malice.
- Violation of Civil Rights (Section *): Rights violated under color of state law.
- Intentional Infliction of Emotional Distress: Extreme and outrageous conduct causing distress.
- Negligence: Failure to verify accurate criminal history.
Would you like more detailed guidance on how to file these specific claims in your complaint?
Do I attach any evidence with this complaint
Yes, you should attach relevant evidence to support your complaint. Include:
- Documentation of your criminal history showing no felony convictions.
- Correspondence with the Virginia State ****olice correcting your record.
- Any written statements or reports from Officer Shenk and the pawn shop.
- Receipts or records of bond payments and jail booking.
Would you like more details on organizing and attaching evidence?
- Documentation of your criminal history showing no felony convictions.
- Correspondence with the Virginia State ****olice correcting your record.
- Any written statements or reports from Officer Shenk and the pawn shop.
- Receipts or records of bond payments and jail booking.
Would you like more details on organizing and attaching evidence?
Yes
To organize and attach evidence for your complaint, follow these steps:
*. Organize Evidence:
- Gather all documents and categorize them (e.g., criminal history, correspondence, receipts).
- Ensure you have clear, legible copies.
*. Label Each Document:
- Clearly label each piece of evidence (e.g., Exhibit A, Exhibit B).
*. Reference in Complaint:
- Mention each exhibit in the relevant part of your complaint (e.g., "See Exhibit A").
*. Attach Evidence:
- Attach the labeled exhibits at the end of your complaint.
- Create an index page listing all exhibits.
Would you like more details on any specific type of evidence or further assistance?
*. Organize Evidence:
- Gather all documents and categorize them (e.g., criminal history, correspondence, receipts).
- Ensure you have clear, legible copies.
*. Label Each Document:
- Clearly label each piece of evidence (e.g., Exhibit A, Exhibit B).
*. Reference in Complaint:
- Mention each exhibit in the relevant part of your complaint (e.g., "See Exhibit A").
*. Attach Evidence:
- Attach the labeled exhibits at the end of your complaint.
- Create an index page listing all exhibits.
Would you like more details on any specific type of evidence or further assistance?
I have no copy of the criminal history from the Va state police
You should obtain a copy of your criminal history from the Virginia State ****olice to strengthen your case. You can request this through their website or by contacting them directly.
Would you like guidance on how to request your criminal history, or do you need assistance with any other aspect of your complaint?
Would you like guidance on how to request your criminal history, or do you need assistance with any other aspect of your complaint?
Can I submit without a copy of my criminal record, since a copy should be with my arrest file
You can submit your complaint without your criminal record copy. However, having it strengthens your case. Ensure you reference the public record and indicate that the police should have it. If possible, request a copy from the Virginia State ****olice to attach later.
Would you like assistance on how to formally request your criminal history?
Would you like assistance on how to formally request your criminal history?
Can I get a copy of my arrest file
Yes, you can request a copy of your arrest file. To obtain it, follow these steps:
*. Contact the law enforcement agency that arrested you.
*. Submit a formal request for your arrest records. This might need to be done in writing or via their website.
*. You may need to provide identifying information and pay a small fee.
Would you like more details on making this request or any other assistance?
*. Contact the law enforcement agency that arrested you.
*. Submit a formal request for your arrest records. This might need to be done in writing or via their website.
*. You may need to provide identifying information and pay a small fee.
Would you like more details on making this request or any other assistance?
Yes
Here's how to request your arrest file:
*. Identify the Agency: Determine the law enforcement agency that made the arrest (e.g., Roanoke County Sheriff's Office or Virginia State ****olice).
*. ****repare a Written Request: Write a formal request letter including:
- Your full name
- Date of birth
- Date of arrest
- Any case or citation number
- A clear statement requesting your complete arrest file
*. Submit the Request: Send the letter to the agency's records department via mail, email, or in person. Some agencies may have online forms for records requests.
*. Include Identification: Attach a copy of your government-issued ID to verify your identity.
*. ****ay Any Fees: Be prepared to pay a fee for the records, which varies by agency.
Would you like a sample request letter or help with any other part of your case?
*. Identify the Agency: Determine the law enforcement agency that made the arrest (e.g., Roanoke County Sheriff's Office or Virginia State ****olice).
*. ****repare a Written Request: Write a formal request letter including:
- Your full name
- Date of birth
- Date of arrest
- Any case or citation number
- A clear statement requesting your complete arrest file
*. Submit the Request: Send the letter to the agency's records department via mail, email, or in person. Some agencies may have online forms for records requests.
*. Include Identification: Attach a copy of your government-issued ID to verify your identity.
*. ****ay Any Fees: Be prepared to pay a fee for the records, which varies by agency.
Would you like a sample request letter or help with any other part of your case?
Where would my arrest file be
Your arrest file would typically be with the law enforcement agency that made the arrest. Given the details you provided, it would likely be either with the Roanoke County Sheriff's Office or the Virginia State ****olice.
Would you like a sample request letter to obtain your arrest file, or do you need assistance with another aspect of your case?
Would you like a sample request letter to obtain your arrest file, or do you need assistance with another aspect of your case?
How would I reference that the Va state police have the criminal history
You can reference that the Virginia State ****olice have your criminal history by including a statement in your complaint like this:
"The Virginia State ****olice maintain and control the criminal history records, which erroneously reflected that the ****laintiff was a convicted felon. This incorrect information was a direct cause of the wrongful arrest and subsequent charges against the ****laintiff."
Would you like more assistance with drafting your complaint or any other legal guidance?
"The Virginia State ****olice maintain and control the criminal history records, which erroneously reflected that the ****laintiff was a convicted felon. This incorrect information was a direct cause of the wrongful arrest and subsequent charges against the ****laintiff."
Would you like more assistance with drafting your complaint or any other legal guidance?
How would I reference the pawn shops action and how they contributed to the situation
To reference the pawn shop's actions and how they contributed to the situation, include a statement in the "Facts" section of your complaint like this:
*.* On */*/*, ****laintiff visited a gun dealer located at a pawn shop, filled out an application, and accurately indicated that ****laintiff was not a felon.
*.* The pawn shop, through its employee Roy, failed to verify ****laintiff’s accurate criminal history, contributing to the erroneous background check result.
*.* The pawn shop’s negligence led to the involvement of law enforcement and ****laintiff’s wrongful arrest and charges.
Would you like assistance with any other part of your complaint?
*.* On */*/*, ****laintiff visited a gun dealer located at a pawn shop, filled out an application, and accurately indicated that ****laintiff was not a felon.
*.* The pawn shop, through its employee Roy, failed to verify ****laintiff’s accurate criminal history, contributing to the erroneous background check result.
*.* The pawn shop’s negligence led to the involvement of law enforcement and ****laintiff’s wrongful arrest and charges.
Would you like assistance with any other part of your complaint?
How is this relevant to any of the reasons I’m filing a lawsuit, how will they be held responsible
The relevance of these details to your lawsuit is significant as they form the basis of your claims. Here's how each party might be held responsible:
- ****awn Shop: Negligence for failing to verify accurate criminal history, leading to incorrect information being relayed to the police.
- Virginia State ****olice: ****roviding incorrect criminal history information, contributing to false arrest and imprisonment.
- City of Roanoke: Their employees' failure to verify your accurate criminal history, leading to wrongful charges and detention.
These entities' actions directly contributed to your false arrest, imprisonment, and emotional distress. Would you like assistance with anything else?
- ****awn Shop: Negligence for failing to verify accurate criminal history, leading to incorrect information being relayed to the police.
- Virginia State ****olice: ****roviding incorrect criminal history information, contributing to false arrest and imprisonment.
- City of Roanoke: Their employees' failure to verify your accurate criminal history, leading to wrongful charges and detention.
These entities' actions directly contributed to your false arrest, imprisonment, and emotional distress. Would you like assistance with anything else?
Do I need the pawn shops address
You don't need the pawn shop's address to file your complaint. However, including the business name and location can be helpful for identifying the defendants. You can reference the pawn shop generally, such as: "A gun dealer located at a pawn shop in Virginia."
Would you like more detailed guidelines on any other aspect of your complaint?
Would you like more detailed guidelines on any other aspect of your complaint?
Now that I think about it, after this charge in *, I wasn’t able to find a job for a long time afterwards. If this charged showed up as a felon on this background check, what’s the chance that employers saw this when trying to hire me. And is there any legal recourse in regards to this
If the incorrect felony charge appeared on your background checks and affected your employment opportunities, you may have legal recourse for defamation and financial damages. Specifically:
- Defamation: False information on your criminal record.
- Negligence: Failure to correct the error promptly.
- Economic Damages: Loss of job opportunities due to the incorrect information.
Would you like assistance with how to include these claims in your complaint?
- Defamation: False information on your criminal record.
- Negligence: Failure to correct the error promptly.
- Economic Damages: Loss of job opportunities due to the incorrect information.
Would you like assistance with how to include these claims in your complaint?
What about a statue of limitations for that one in particular
In Virginia, the statute of limitations for defamation claims is generally one year from the date of the defamatory act. For negligence and economic damages, it can be up to two years from the date the injury was discovered or should have been discovered. It’s critical to consult with an attorney as soon as possible to ensure you don't miss any deadlines.
Would you like more details on how to include these claims in your complaint?
Would you like more details on how to include these claims in your complaint?
Would agreeing to meet the trooper to turn myself in affect my case at all
Agreeing to meet the trooper to turn yourself in generally shouldn't negatively affect your case. It shows cooperation and willingness to resolve the issue. However, it's crucial to consult with an attorney to ensure this decision aligns with your legal strategy and to address any specific concerns about your situation.
Would you like assistance with finding an attorney or any other guidance?
Would you like assistance with finding an attorney or any other guidance?
****lease state a claim and reason for false imprisonment. I changed the malicious prosecution to false imprisonment
Here’s how you can state a claim for false imprisonment:
Claim: False Imprisonment
Reason:
- You were unlawfully confined or restrained without proper legal authority.
- The arrest was based on incorrect criminal history information.
- The detention lasted until you posted bond, causing you harm and distress.
Would you like further guidance on any other aspects of your complaint?
Claim: False Imprisonment
Reason:
- You were unlawfully confined or restrained without proper legal authority.
- The arrest was based on incorrect criminal history information.
- The detention lasted until you posted bond, causing you harm and distress.
Would you like further guidance on any other aspects of your complaint?
Yes how would I list this specifically as *.* instead of listing malicious prosecution
You can list the claim for false imprisonment in your complaint as follows:
*.* False Imprisonment:
- ****laintiff was unlawfully confined or restrained without proper legal authority.
- The arrest was based on incorrect criminal history information.
- The detention lasted until ****laintiff posted bond, causing harm and distress.
Would you like further assistance with your complaint or any other legal questions?
*.* False Imprisonment:
- ****laintiff was unlawfully confined or restrained without proper legal authority.
- The arrest was based on incorrect criminal history information.
- The detention lasted until ****laintiff posted bond, causing harm and distress.
Would you like further assistance with your complaint or any other legal questions?
Yes
Certainly! Here is the revised section of your complaint with False Imprisonment instead of Malicious ****rosecution:
---
*. Claims
*.* False Arrest: ****laintiff was arrested without probable cause.
*.* Defamation: Defendants falsely stated ****laintiff was a felon.
*.* False Imprisonment:
- ****laintiff was unlawfully confined or restrained without proper legal authority.
- The arrest was based on incorrect criminal history information.
- The detention lasted until ****laintiff posted bond, causing harm and distress.
*.* Violation of Civil Rights (Section *): Defendants violated ****laintiff’s rights under color of state law.
*.* Intentional Infliction of Emotional Distress: Defendants' extreme and outrageous conduct caused ****laintiff severe emotional distress.
*.* Negligence: Defendants, including the City of Roanoke and the Virginia State ****olice, failed to verify ****laintiff's accurate criminal history.
---
Would you like to proceed with any further revisions or assistance on another aspect of your case?
---
*. Claims
*.* False Arrest: ****laintiff was arrested without probable cause.
*.* Defamation: Defendants falsely stated ****laintiff was a felon.
*.* False Imprisonment:
- ****laintiff was unlawfully confined or restrained without proper legal authority.
- The arrest was based on incorrect criminal history information.
- The detention lasted until ****laintiff posted bond, causing harm and distress.
*.* Violation of Civil Rights (Section *): Defendants violated ****laintiff’s rights under color of state law.
*.* Intentional Infliction of Emotional Distress: Defendants' extreme and outrageous conduct caused ****laintiff severe emotional distress.
*.* Negligence: Defendants, including the City of Roanoke and the Virginia State ****olice, failed to verify ****laintiff's accurate criminal history.
---
Would you like to proceed with any further revisions or assistance on another aspect of your case?
After I file the complaint what happens next
Once you file the complaint, the next steps include:
- Service of ****rocess: Serve the defendants with a copy of the complaint and summons.
- Defendants' Response: The defendants will have a set period (typically 21 days) to file an answer or motion to dismiss.
- Discovery: Both parties exchange information and evidence.
- ****re-Trial Motions: Either party can file motions to resolve or narrow the issues.
- Trial ****reparation: ****reparing witnesses, evidence, and arguments for trial.
Would you like more details on any of these steps?
- Service of ****rocess: Serve the defendants with a copy of the complaint and summons.
- Defendants' Response: The defendants will have a set period (typically 21 days) to file an answer or motion to dismiss.
- Discovery: Both parties exchange information and evidence.
- ****re-Trial Motions: Either party can file motions to resolve or narrow the issues.
- Trial ****reparation: ****reparing witnesses, evidence, and arguments for trial.
Would you like more details on any of these steps?
If the defendants file a motion to dismiss then what
If the defendants file a motion to dismiss, here’s what typically happens:
- Review: The court will review the motion and the arguments presented.
- Response: You can file a response opposing the motion, arguing why the case should proceed.
- Hearing: The court might schedule a hearing to listen to both sides.
- Decision: The judge will decide whether to grant or deny the motion. If granted, the case may be dismissed; if denied, the case proceeds to discovery.
Would you like assistance in drafting a response to a potential motion to dismiss?
- Review: The court will review the motion and the arguments presented.
- Response: You can file a response opposing the motion, arguing why the case should proceed.
- Hearing: The court might schedule a hearing to listen to both sides.
- Decision: The judge will decide whether to grant or deny the motion. If granted, the case may be dismissed; if denied, the case proceeds to discovery.
Would you like assistance in drafting a response to a potential motion to dismiss?
Yes
Certainly! Here’s a general outline to help you draft a response to a potential motion to dismiss:
~Sample Response to Motion to Dismiss
IN THE CIRCUIT COURT OF [COUNTY], VIRGINIA
[Your Name], ****laintiff
v.
[Officer Shenk, Roy, Gun Dealer, Virginia State ****olice, City of Roanoke, Defendants]
****laintiff's Response to Defendants' Motion to Dismiss
*. Introduction
- ****laintiff, [Your Name], respectfully opposes the Defendants' Motion to Dismiss and requests that the Court deny the motion for the reasons set forth below.
*. Background
- Briefly restate the key facts of your case, emphasizing the harm you suffered due to the defendants' actions.
*. Legal Standard
- Explain the legal standard for a motion to dismiss, highlighting that the court must accept all allegations in the complaint as true and construe them in the light most favorable to the plaintiff.
*. Argument
- Failure to State a Claim: Argue that your complaint sufficiently states a claim for each cause of action (false arrest, false imprisonment, defamation,negligence, etc.). ****rovide specific references to the relevant sections of your complaint.
- ****robable Cause and Inaccurate Information: Emphasize how the defendants' actions based on incorrect information led to your false arrest and imprisonment.
- Defamation and Emotional Distress: Highlight the impact of the false statements labeling you a felon and the resulting emotional distress and financial damages.
- Civil Rights Violation: Argue that the defendants' actions under color of state law violated your civil rights.
- Negligence: Show how the defendants failed to verify your accurate criminal history, leading to your harm.
*. Conclusion
- Summarize your arguments, reiterate that your complaint sufficiently states a claim, and request that the Court deny the Defendants' Motion to Dismiss.
Respectfully submitted,
[Your Name]
[Signature]
[Date]
Would you like more detailed assistance on any specific part of this response or any other aspect of your case?
IN THE CIRCUIT COURT OF [COUNTY], VIRGINIA
[Your Name], ****laintiff
v.
[Officer Shenk, Roy, Gun Dealer, Virginia State ****olice, City of Roanoke, Defendants]
****laintiff's Response to Defendants' Motion to Dismiss
*. Introduction
- ****laintiff, [Your Name], respectfully opposes the Defendants' Motion to Dismiss and requests that the Court deny the motion for the reasons set forth below.
*. Background
- Briefly restate the key facts of your case, emphasizing the harm you suffered due to the defendants' actions.
*. Legal Standard
- Explain the legal standard for a motion to dismiss, highlighting that the court must accept all allegations in the complaint as true and construe them in the light most favorable to the plaintiff.
*. Argument
- Failure to State a Claim: Argue that your complaint sufficiently states a claim for each cause of action (false arrest, false imprisonment, defamation,negligence, etc.). ****rovide specific references to the relevant sections of your complaint.
- ****robable Cause and Inaccurate Information: Emphasize how the defendants' actions based on incorrect information led to your false arrest and imprisonment.
- Defamation and Emotional Distress: Highlight the impact of the false statements labeling you a felon and the resulting emotional distress and financial damages.
- Civil Rights Violation: Argue that the defendants' actions under color of state law violated your civil rights.
- Negligence: Show how the defendants failed to verify your accurate criminal history, leading to your harm.
*. Conclusion
- Summarize your arguments, reiterate that your complaint sufficiently states a claim, and request that the Court deny the Defendants' Motion to Dismiss.
Respectfully submitted,
[Your Name]
[Signature]
[Date]
Would you like more detailed assistance on any specific part of this response or any other aspect of your case?
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