Federal Judge Dismisses Several Claims in Martese Johnson's Lawsuit

Posted: Updated: Dec 14, 2016 05:41 PM
Martese Johnson and attornies leaving the federal courthouse in Charlottesville (FILE) Martese Johnson and attornies leaving the federal courthouse in Charlottesville (FILE)

A federal judge is removing several claims and two defendants in a civil trial brought forth by a former University of Virginia student.

Monday, December 12, Judge Glen Conrad ordered changes to Martese Johnson's suit against the Virginia Department of Alcoholic Beverage Control (ABC).

Johnson had filed a lawsuit against the Virginia ABC, its director, and three agents involved in his March 2015 arrest outside Trinity Irish Pub.

Johnson's original lawsuit claimed his civil rights were abused, labeling the late night encounter with ABC agents as assault (Count VI) and battery (Count VII). The counts also include false arrest (Count I), excessive force (Count II), failure to train or supervise (Count III), negligence (Count IV), and negligent supervision and training (Count V). He is seeking $3 million in damages.

The lawsuit specifically named ABC Director Shawn P. Walker and agents John S. Cielakie, Jared B. Miller, and Thomas S. Custer .

Judge Conrad ordered the following:

  • Dismissed Count II, IV, VI and VII against Cielakie, and removed as a defendant.
  • Dismissed Count III against the ABC, and removed as a defendant
  • Dismissed Count I and IV from the lawsuit.

The judge had previously considered removing Cielakie from the suit since he wasn't directly involved in Johnson's arrest.

  • Sign Up for Email Alerts

    Sign up to receive news, weather, and breaking news emails from the NBC29 newsroom in your inbox daily.

    * denotes required fields

    Thank you for signing up! You will receive a confirmation email shortly.