Bracken v. Merrill

By Judge John E. Wetsel, Jr.

This case came before the Court for ruling upon the Pleas of Sovereign Immunity filed by the defendants Ed Merrill and the Virginia Military Institute Board of Visitors. Upon consideration of the pleadings and the memoranda of authority filed by the parties, I see no need for oral argument, and I have made the following [findings and conclusions].

I. Findings of Fact

For the purpose of ruling on the Pleas of Sovereign Immunity, the following facts were admitted in the pleadings.

Ed Merrill, at all times pertinent herein, was an employee of Virginia Military Institute.

V…