Wade v. City of Roanoke

Roanoke County Circuit Court

Wade v. City of Roanoke

82 Va. Cir. 537, 1974 Va. Cir. LEXIS 58

CourtRoanoke County Circuit Court

DecidedJune 27, 1974

DocketCase No. 1473

StatusPublished

This text of 82 Va. Cir. 537 (Wade v. City of Roanoke) is published on Counsel Stack Legal Research, covering Roanoke County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wade v. City of Roanoke, 82 Va. Cir. 537, 1974 Va. Cir. LEXIS 58 (Va. Super. Ct. 1974).

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Opinion

By Judge Robert J. Rogers

I have carefully reviewed the memoranda submitted by counsel and the cases cited therein. After reviewing these authorities, it is my opinion that the demurrer is well taken as to the City, but not well taken as to defendant Fields.

Under the doctrine of sovereign immunity, when a municipality acts in its governmental capacity, it is not liable for damages to an individual injured by an employee of the municipality. The Virginia Supreme Court has held that a municipality acts in its governmental capacity in maintaining a police force. Accordingly, under the allegations of the Motion for Judgment, the City is not liable for injury allegedly inflicted by its police officer.

On the other hand, the sovereign immunity doctrine does not extend to the defendant Fields with respect to his conduct alleged in the Motion for Judgment. These allegations, if proven, raise questions of fact which should be determined by a jury.

Accordingly, I request that plaintiff’s counsel prepare an order sustaining the demurrer of the City and dismissing the action as to the City and further overruling the demurrer as to the defendant Fields and allowing him to file further responsive pleading within ten days from the date of the order.

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By Judge Robert J. Rogers

I have carefully reviewed the memoranda submitted by counsel and the cases cited therein. After reviewing these authorities, it is my opinion that the demurrer is well taken as to the City, but not well taken as to defendant Fields.

Under the doctrine of sovereign immunity, when a municipality acts in its governmental capacity, it is not liable for damages to an individual injured by an employee of the municipality. The Virginia Supreme Court has held that a municipality acts in its governmental capacity in maintaining a police force. Accordingly, under the allegations of the Motion for Judgment, the City is not liable for injury allegedly inflicted by its police officer.

On the other hand, the sovereign immunity doctrine does not extend to the defendant Fields with respect to his conduct alleged in the Motion for Judgment. These allegations, if proven, raise questions of fact which should be determined by a jury.

Accordingly, I request that plaintiff’s counsel prepare an order sustaining the demurrer of the City and dismissing the action as to the City and further overruling the demurrer as to the defendant Fields and allowing him to file further responsive pleading within ten days from the date of the order.

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Bluebook (online)

82 Va. Cir. 537, 1974 Va. Cir. LEXIS 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wade-v-city-of-roanoke-vaccroanokecty-1974.