VA Seeks Dismissal of Federal Lawsuit against State, ABC Agents - NBC29 WVIR Charlottesville, VA News, Sports and Weather

ALBEMARLE COUNTY, Va (WVIR) - The state of Virginia is asking a judge to dismiss the $40 million lawsuit filed by a University of Virginia student at the center of a botched Alcoholic Beverage Control sting.

Last April, during an undercover sting outside the Harris Teeter in Charlottesville, plain-clothed ABC agents arrested Elizabeth Daly when they mistook the sparkling water she bought for beer.

Daly was charged with assault after she attempted to drive away from the agents.Two months later prosecutors dropped the charges and her record was expunged in October.

Daly has since filed suit against the state and seven ABC agents for what she calls a terrifying experience that caused post-traumatic stress disorder. You can read Daly’s original account of the incident here.

In a brief filed in federal court Tuesday, the state argues there is no foundation for the case.