Fletcher v. Commonwealth

By Judge Jonathan M. Apgar

On July 27, 2010, Defendants Commonwealth of Virginia and Department of the Treasury (sometimes collectively referred to as “Commonwealth”) were heard on their plea of immunity and demurrer to Plaintiff Michael Fletcher’s action for declaratory judgment of his right to defense and indemnification under the Commonwealth’s Risk Management Plan (Plan). At the conclusion of the hearing, the Court took the plea and demurrer under advisement. Having considered the pleadings, arguments of counsel, and the applicable law, the Court is now prepared to rule. For the reasons…