This article was written by 海角社区app鈥檚 news partner聽聽and republished with permission. Sign up for聽听迟辞诲补测.
A federal judge has ruled in favor of a man who claimed Fauquier County Sheriff鈥檚 deputies violated his Fourth Amendment rights when they arrested and assaulted him.
On Nov. 3, 2020, Matthew Souter, a 56-year-old resident of The Plains, filed a lawsuit with the U.S. District Court for the Eastern District of Virginia alleging Fauquier deputies Creston Irby and Lucas Jacobs and Corp. Andrew McCauley illegally arrested and assaulted him on Nov. 10, 2018, after they responded to a dispute between Souter and his tenant, Melissa Johnson.
According to Souter鈥檚 original lawsuit, he and Johnson got into an argument because Johnson鈥檚 cat was in the kitchen, which violated the terms of her lease agreement. Consequently, Souter claims he gave Johnson 14 days to vacate the premises.
The same day, Johnson obtained an emergency protective order that stated Souter 鈥渟hall not commit acts of violence, force, or threat, or criminal offenses resulting in injury to [Johnson] or [her] property.鈥� Johnson then contacted the sheriff鈥檚 office and claimed that Souter violated the protective order 鈥渂y terminating the electricity and water service to Johnson鈥檚 bedroom and bathroom.鈥�
Souter said he did not shut off Johnson鈥檚 utilities, rather the water turned off due to a 鈥渄isruption.” He said Johnson had 鈥渢ripped a breaker in her room鈥� because she used a hot plate, which she was prohibited from doing in the terms of her lease.
According to the suit, Jacobs, after reviewing Johnson’s complaint and the protective order, issued an arrest warrant charging Souter with violating an emergency protective order pertaining to cases of family abuse.
Jacobs had also written in his criminal complaint to the magistrate that Souter additionally violated a separate Virginia statute having to do with an emergency protective order against someone currently or previously incarcerated for committing family abuse. This separate protective order had not been issued against Souter.
Souter said both arrest warrants were 鈥渂aseless.鈥�
Since this was not a case of family abuse 鈥� and turning off Johnson鈥檚 electricity was also not considered 鈥渁n act of violence 鈥� 鈥� U.S. District Judge T.S. Ellis wrote in his opinion the warrant was 鈥渋napplicable,鈥� and therefore Jacobs and the other officers did not have probable cause to arrest Souter.
On March 23, Judge Ellis ruled the three deputies 鈥渧iolated [Souter鈥檚] constitutional rights鈥� and Virginia law when they: 1) 鈥渦nlawfully arrested鈥� Souter without probable cause or a valid arrest warrant, and 2) used force to carry out the arrest.
Ellis dismissed Souter鈥檚 claim that the three deputies had also engaged in 鈥渕alicious prosecution.鈥�
Ellis stated that Jacobs, Irby and McCauley were also not protected by qualified immunity (a legal precedent protecting government officials 鈥� including police officers 鈥� accused of violating constitutional rights) because the officers 鈥渟hould have known [Souter鈥檚] arrest was unlawful鈥� and any 鈥渞easonably competent government official should know the law governing his conduct.鈥�
Since Ellis granted Souter a summary judgment 鈥� awarded if the facts overwhelmingly support one side 鈥� the case will not proceed to trial. Rather, both parties may either reach a settlement outside of court or, if negotiations fail, let a court decide the deputies鈥� financial liability. Any damages paid to Souter would come from a state insurance fund.
Souter鈥檚 attorney, Victor Glasberg, told FauquierNow.com that negotiations are still ongoing. But if and when a settlement is reached, he noted, the defense counsel will likely not want the amount to be publicly disclosed.
鈥淭ypically, [police] want to have these things kept confidential so the public doesn’t know how much public money is being spent or is being wasted,鈥� Glasberg said. 鈥淪o there’s usually a gag order on that.鈥�
Defense counsel for officers Jacobs, McCauley and Irby did not respond when asked for comment for this story.
In 2019, Glasberg also represented a married couple from Vint Hill who claimed Irby and another officer used a stun gun on the husband and entered their home without consent or 鈥渞easonable cause.鈥� Both parties settled out of court in June 2021 days before a jury trial. The amount of money paid to the couple from the state insurance fund was not made public.
Lieutenant Col. Chad Brubaker with the FCSO told FauquierNow.com that Irby has since left the sheriff鈥檚 office. Jacobs and McCauley are each still employed by the sheriff鈥檚 office, and both are now detectives, Brubaker said.
When asked if the sheriff鈥檚 office plans to make any adjustments to their police procedures, Brubaker said, 鈥淲e’re evaluating what the judge鈥檚 opinion was, and we’ll just go from there.”
