Part of a UVa student's $40 million lawsuit against ABC agents has survived the defendants' motion to dismiss. The well publicized case arose out of an incident in the parking lot of the Harris Teeter in Barrack's Road Shopping Center in Charlottesville. Undercover ABC agents attempted to arrest the UVa student when they mistook her sparkling water for beer. Frightened and confused by the ABC agents, the UVa student drove off in her car as the ABC agents banged on the window and drew a firearm. 

After calling 911 to report the incident, the UVa student was arrested for assaulting the agents and spent a night in jail before prosecutors quickly dismissed all charges. The UVa student is now suing the ABC agents and the State for a variety of claims, many of which were dismissed by Judge Hudson's ruling on the motion to dismiss. However, Judge Hudson allowed the claims for false arrest, malicious prosecution and assault against three of the seven ABC agents to continue. Judge Hudson also directed her attorneys to merge those claims into a claim that the plaintiff's constitutional rights had been violated. The claims against the State and claim for conspiracy to commit false prosecution were dismissed. Although the case arose in Charlottesville, the case is pending in the Richmond Division of the Eastern District of Virginia. More information can be found in the Richmond Times Dispatch article about Judge Hudson's ruling.