Shumate v. City of Martinsville

By Judge G. Carter Greer

The plaintiff, an investigator employed by the Martinsville Police Department, has filed a complaint, seeking compensatory and punitive damages against the City of Martinsville (“City”), the Martinsville Police Department (“Police Department”), the chief of police, and two subordinate officers of the Police Department. At the hearing on March 9th, the court ruled from the bench that the City enjoys sovereign immunity and sustained its demurrer, based upon Niese v. City of Alexandria, 264 Va. 230, 564 S.E.2d 127 (2002) (holding that “a municipality is immune from…