IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA HARRISONBURG DIVISION. NEXUS SERVICES, INC., ) ) Plaintiff, ) Case No:

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1 8/2/17 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA HARRISONBURG DIVISION NEXUS SERVICES, INC., ) ) Plaintiff, ) Case No: 5:17cv00072 ) v. ) ) KIMBERLY SUE VANCE, ) in her official and individual capacity, ) ) JURY TRIAL DEMANDED Defendant. ) COMPLAINT Plaintiff, Nexus Services Inc., by and through its undersigned counsel, files this Complaint, using 42 U.S.C 1983 as the vehicle to vindicate its rights regarding an unconstitutional search executed by Defendant, Kimberly Sue Vance, in direct violation of Plaintiff s Fourth Amendment rights. This illegal search was committed under false pretenses, and without a warrant. The warrantless search, upon information and belief, was conducted for an illegal purpose, to wit; in an effort to assist a former employee in a suit that person is defending against Plaintiff. In support of its Complaint, Nexus Services Inc. alleges the following:

2 PARTIES 1. At all times relevant to this Complaint, Nexus Services Inc. ( Nexus ) was a Virginia Corporation, with its principal place of business at 113 Mill Place Parkway, in Verona, Virginia. Nexus is a leading national provider of GPS tracking technology and services to immigrants in detention and their families. Nexus operates and funds many initiatives designed to eliminate discrimination and help the disadvantaged. 2. At all times relevant to this Complaint, Defendant Kimberly Sue Vance ( Vance ) was a United States citizen, a Virginia resident, and a sworn law enforcement officer with the City of Waynesboro Police Department. At all relevant times to this Complaint, Defendant Vance was acting under the color of state law. At all relevant times, Defendant Vance was subject to the laws of the Commonwealth of Virginia and the Constitution of the United States. At all relevant times, Vance was responsible for knowing and acting in accordance with all policies, procedures, orders, special orders, general orders, guidelines and regulations of the Waynesboro Police Department. Nexus is using 42 U.S.C 1983 as the vehicle to bring this civil action against Vance in her individual capacity regarding federal claims. 2

3 JURISDICTION AND VENUE 3. This Court has original subject matter jurisdiction over the federal claim in this action, in accordance with 28 U.S.C. 1331, because the claim raises a federal question under the laws and Constitution of the United States. 4. This Court has supplemental subject matter jurisdiction over the state claim in this action under 28 U.S.C. 1367(a) because the state and federal claims form part of the same case or controversy under Article III of the United States Constitution. 5. This Court has personal jurisdiction over the Defendant because she is domiciled in Virginia. 6. Venue is proper in the Western District of Virginia under 28 U.S.C. 1391(b)(1) because the Defendant resides in this district and under 28 U.S.C. 1391(b)(2) because a substantial part of the events giving rise to the claims occurred in this district. 3

4 STATEMENT OF FACTS On August 1, 2017, Defendant Vance entered the corporate campus belonging to Nexus in Verona, Virginia. The Defendant lied to campus security in an effort to trespass on Nexus property. After entering the company property of Nexus under false pretenses, Defendant Vance admitted to other individuals on 7. campus that she had lied to gain entry and attempt to look around. (See Exhibits 1 & 2, for statements that demonstrate Vance lied to gain access to Plaintiff s corporate campus in order to conduct a search without a search warrant.) A. Facts related to allegation of unlawful search and seizure under the Fourth Amendment of the U.S. Constitution 8. On August 1, 2017 Defendant Vance, drove her car to the address (113 Mill Place Parkway, Verona, Virginia 24482) where Nexus owns property and operates a business. 9. Upon her arrival to the Nexus campus, Defendant Vance was stopped at the entrance by a guard. The guard asked her what her business was on the campus. Vance responded that she was seeking home health care services and that she was planning to visit Interim Healthcare. (See Exhibit 1.) 4

5 10. Vance was permitted to enter the campus based upon her false narrative. She entered the campus and parked her vehicle in front of Interim Healthcare. Vance entered the offices of Interim Health. 11. Vance was approached by Interim Health employees upon entering their offices, and Vance told said Interim Health employees that she, Vance, had utilized the story of visiting their office space as a ruse to gain access to the campus so that she could look around. (See Exhibit 2.) 12. At all relevant times to this Complaint, Vance was a sworn law enforcement officer in the City of Waynesboro; the Nexus campus is located several miles outside of Vance s jurisdiction as a Waynesboro police officer. 13. At all relevant times to this Complaint, Vance had no search warrant to search Plaintiff s corporate campus located at 113 Mill Place Parkway, Verona, Virginia Vance entered the campus on behalf of a third party, a former Nexus employee with whom Vance associates. 5

6 15. Vance searched the campus. B. Facts related to unlawful search 16. Vance at no time indicated to Nexus security personnel that she was on their property to conduct a search. 17. Vance told Nexus security personnel that she was visiting the Nexus campus to conduct business with a tenant on the property. 18. Vance was permitted to enter under the pretense that she was visiting a tenant in the office park. Indeed, Nexus security personnel watched Vance pull up to the Interim Healthcare office, leave her vehicle, and enter the Interim Healthcare offices. 19. Vance told an employee at Interim Health that she was sorry, but that she was using their office as an excuse to enter the Nexus campus. (See Exhibit 2.) 20. Vance indicated to the employee of Interim Health that she was gaining entry under false pretenses so that she could look around the Nexus campus. 6

7 21. Upon her departure from Interim Healthcare s office, Vance drove her vehicle around the rear portion of the Nexus property in an apparent effort to look around the entire campus. 22. Plaintiff s company policy prohibits law enforcement officers searching Plaintiff s corporate campus without a valid search warrant. C. Facts related to Trespass 23. Vance entered a secured facility on private property, under false pretenses. 24. Vance intended to hide her intent to spy on Nexus property, upon information and belief, on behalf of a friend and for no legitimate legal purpose. 25. Vance did gain entry to secured Nexus property under false pretenses, in violation of Nexus s rules concerning visitors to its corporate offices. D. Facts related to Defamation 26. Vance, wearing a police polo and a badge, knew or should have known that announcing to tenants of Nexus that she is using their location as a ruse to look 7

8 around Nexus property would absolutely infer that Nexus was involved in criminal activity. In fact, Vance knows that she had no legitimate, legal reason to enter Nexus property and permitted tenants of Nexus to believe that she did. COUNT ONE (FEDERAL CLAIM) 42 U.S.C FOURTH AMENDMENT VIOLATION REGARDING DEFENDANT VANCE S UNLAWFUL SEARCH 27. Nexus hereby reiterates and incorporates by reference the allegations contained in paragraphs 1-26, as if set forth fully herein. 28. At all times relevant to this Complaint, Nexus had a clearly established right under the Fourth Amendment to the United States Constitution to be free from unreasonable search and seizure of its property by law enforcement officers such as Defendant Vance. Vance searched Nexus property while wearing Waynesboro Police Department clothing and while also located outside of the jurisdiction of Waynesboro Police Department. Vance was not authorized by any superior officer to conduct a search of Plaintiff s corporate campus on the date in question. Vance has absolutely no warrant to conduct a search of Plaintiff s corporate campus. And, had Vance told Plaintiff s security personnel that she was there to conduct a search of Plaintiff s corporate campus, Plaintiff s security would have absolutely 8

9 prohibited said search per company policy without out, first, Vance presenting a valid search warrant. 29. Based on all facts that have been incorporated to support this Count, and the facts alleged in this count, Vance unlawfully searched Nexus property, inter alia, Vance had no arguable probable cause to search Nexus property and utilized false pretenses to enter Nexus property for no legitimate law enforcement purpose. 30. Due to Defendant s unlawful conduct, based on the facts incorporated into this count and the allegations within this count, Nexus is entitled to all allowable damages under law. COUNT TWO TRESPASS (State Claim) 31. Nexus hereby reiterates and incorporates by reference the allegations contained in paragraphs 1-30, as if set forth fully herein. 32. At all times relevant to this Complaint Nexus operated a secure campus at 113 Mill Place Parkway in Verona, Virginia, which has posted PRIVATE PROPERTY, NO TRESPASSING. 9

10 33. Based on all facts that have been incorporated to support this Count, Vance knew she was entering a secured campus and lied about her intention for entering the Nexus property and thus committed the act of trespass by deceit. 34. Due to Defendant Vance s unlawful conduct, based on the fact incorporated into this count and the allegations within this count, Plaintiff is entitled to all allowable damages under law. COUNT THREE DEFAMATION (State Claim) Nexus hereby reiterates and incorporates by reference the allegations contained in paragraphs 1-34, as if set forth fully herein. Defendant Vance told employees of a tenant located in Nexus office park that she was using their office as a ruse to look around Nexus property. Defendant Vance s lies and innuendo created the impression of her having legitimate police business on Nexus property, which was a falsehood. Plaintiff is entitled to all permissible damages under controlling law. 10

11 ATTORNEY FEES 35. Based on all the facts alleged in this case, Plaintiff is entitled to reasonable attorney fees under applicable federal and state law. PUNITIVE DAMAGES 36. Based on all the facts alleged in this case, the wrongful conduct of Defendant arose to a level that entitles Nexus to punitive damages under applicable law regarding Plaintiff s Constitutional and state law claims. PRAYER FOR RELIEF WHEREFORE, Nexus respectfully prays for the following relief: 1. That this Court exercise jurisdiction over this case and grant a jury trial; 2. That this Court decide, as a matter of law, all issues not required to be determined by a jury; 3. That this Court award all permissible damages recoverable from the Defendant, including general, special, compensatory, punitive, and any other damages deemed appropriate, in an amount to be determined at trial; 4. That this Court permit recovery of reasonable attorney s fees and costs in an amount to be determined by this honorable Court under applicable law; and, 11

12 5. That this Court grant any additional relief that this Honorable Court deems appropriate under the circumstances. Respectfully submitted this 2nd day of August, NEXUS CARIDADES ATTORNEYS, INC. 113 Mill Place Parkway, Suite 105A Verona, VA / FAX Counsel for Nexus s/jessica SERMAN STOLTZ Jessica Sherman Stoltz VA Bar No.:

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17 JS 44 (Rev. 06/17) CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS NEXUS SERVICES, INC. KIMBERLY SUE VANCE, in her official and individual capacity, (b) County of Residence of First Listed Plaintiff AUGUSTA (EXCEPT IN U.S. PLAINTIFF CASES) County of Residence of First Listed Defendant (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. (c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known) Jessica Sherman-Stoltz, Nexus Caridades Attorneys, Inc., 113 Mill Place Parkway, Suite 105A, Verona, VA 24482, , II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) 1 U.S. Government 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4 of Business In This State 2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5 Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State Citizen or Subject of a 3 3 Foreign Nation 6 6 Foreign Country IV. NATURE OF SUIT (Place an X in One Box Only) Click here for: Nature of Suit Code Descriptions. CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES 110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC False Claims Act 120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC Withdrawal 376 Qui Tam (31 USC 130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC (a)) 140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment 150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust & Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking 151 Medicare Act 330 Federal Employers Product Liability 830 Patent 450 Commerce 152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and (Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY 480 Consumer Credit of Veteran s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards 861 HIA (1395ff) 490 Cable/Sat TV 160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending Act 862 Black Lung (923) 850 Securities/Commodities/ 190 Other Contract Product Liability 380 Other Personal 720 Labor/Management 863 DIWC/DIWW (405(g)) Exchange 195 Contract Product Liability 360 Other Personal Property Damage Relations 864 SSID Title XVI 890 Other Statutory Actions 196 Franchise Injury 385 Property Damage 740 Railway Labor Act 865 RSI (405(g)) 891 Agricultural Acts 362 Personal Injury - Product Liability 751 Family and Medical 893 Environmental Matters Medical Malpractice Leave Act 895 Freedom of Information REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation FEDERAL TAX SUITS Act 210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 870 Taxes (U.S. Plaintiff 896 Arbitration 220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act or Defendant) 899 Administrative Procedure 230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRS Third Party Act/Review or Appeal of 240 Torts to Land 443 Housing/ Sentence 26 USC 7609 Agency Decision 245 Tort Product Liability Accommodations 530 General 950 Constitutionality of 290 All Other Real Property 445 Amer. w/disabilities Death Penalty IMMIGRATION State Statutes Employment Other: 462 Naturalization Application 446 Amer. w/disabilities Mandamus & Other 465 Other Immigration Other 550 Civil Rights Actions 448 Education 555 Prison Condition 560 Civil Detainee - Conditions of Confinement V. ORIGIN (Place an X in One Box Only) 1 Original 2 Removed from Proceeding State Court VI. CAUSE OF ACTION VII. REQUESTED IN COMPLAINT: VIII. RELATED CASE(S) IF ANY DATE FOR OFFICE USE ONLY 3 Remanded from 4 Reinstated or 5 Transferred from 6 Appellate Court Reopened Another District (specify) Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): Multidistrict Litigation - Transfer 8 Multidistrict Litigation - Direct File 42 U.S.C Brief description of cause: Unconstitutional search in direct violation of Plaintiff s Fourth Amendment rights CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: Yes No (See instructions): JUDGE SIGNATURE OF ATTORNEY OF RECORD 08/02/2017 s/ Jessica Sherman-Stoltz DOCKET NUMBER $ no Urbanski 5:17cv00072 RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

18 JS 44 Reverse (Rev. 06/17) INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 Authority For Civil Cover Sheet The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I.(a) (b) (c) II. III. IV. Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)". Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C and Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity cases.) Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code that is most applicable. Click here for: Nature of Suit Code Descriptions. V. Origin. Place an "X" in one of the seven boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section Multidistrict Litigation Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket. PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statue. VI. VII. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet.