Department of Alcoholic Beverages Control – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 UVA Student Martese Johnson Sues for $3 Million After Bloody Arrest https://legacy.lawstreetmedia.com/news/uva-student-martese-johnson-sues-3-million-bloody-arrest/ https://legacy.lawstreetmedia.com/news/uva-student-martese-johnson-sues-3-million-bloody-arrest/#respond Wed, 21 Oct 2015 13:54:45 +0000 http://lawstreetmedia.com/?p=48725

A court will have to decide if the ABC and its agents broke the law.

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Image Courtesy of [Bob Mical via Flickr]

University of Virginia student Martese Johnson filed a $3 million civil rights lawsuit against Virginia Department of Alcoholic Beverages Control agents on Tuesday, alleging that they used excessive force during his bloody arrest in March.

Johnson is suing the VA ABC and three agents–Jared Miller, Thomas Custer, John Cielakie, and Shawn P. Walker–arguing that they used excessive force when he was arrested, and that he was unlawfully detained.

The junior honor student was arrested on March 18 after catching the attention of liquor agents after being denied entry by a bouncer outside of an Irish pub in Charlottesville. The agents asked to see Johnson’s “fake ID” and then wrestled him to the ground, causing several facial wounds to bleed profusely when his head struck the pavement.

Johnson was later charged with resisting arrest, obstructing justice without threats of force, and profane swearing or intoxication in public. The charges were eventually dropped, and Johnson maintains that he was not intoxicated, acting belligerently, nor using a fake ID.

Videos and photos of Johnson, who is African-American, with blood streaming down his face calling the officers “racist” were widely distributed on social media sites, inciting outrage in his community and the rest of the country.

In an emotional essay for Vanity Fair, Johnson recalled the night of his arrest writing,

When I was picked up and dragged away by these officers, glimpses of my ancestors’ history flashed before my eyes. Although it could never compare to a life of slavery, for those hours, I had no freedom, no autonomy, and no say in what was happening to me. I cried for a long time that night—not because of my physical wounds (though there were many) or possible jail time (I was charged with two misdemeanors that were eventually dropped), but because my lifelong vision of sanctuary in success was destroyed in seconds.

He later added,

The officers’ actions may not have been premeditated that night, but I do believe they were calculated.

[…]

Why would I be subjected to such violence when so many other students in similar circumstances—so many other students that same night—were left alone?

Now he’s making sure to fight back against the people who humiliated, scared, and hurt him, including the institution that trained them. He explains his reasoning for going after not just the ABC as a whole but also the investigators themselves writing,

ABC agents have a history of aggressive, excessive, and unjustified behavior in effectuating their duties. This history stems from and is caused by a systemic failure to train and supervise agents by Defendants ABC and Director Walker.

It’s clear that public support falls in favor of Johnson, but it will be up to a court to decide whether or not these agents and the ABC broke the law.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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