Evans v. Chief of Police

By JUDGE MICHAEL P. McWEENY

This matter came before the Court upon defendant’s Demurrer. After oral argument, the case was taken under advisement. As set forth below, the Demurrer is overruled.

The first issue to be addressed is whether a writ of mandamus lies for alleged violations of the Privacy Protection Act of 1976. The Virginia Code specifically authorizes mandamus proceedings for persons aggrieved by violations of that Chapter. See Va. Code § 2.1-386 ("Any aggrieved person may institute a proceeding for injunction or mandamus against any person or agency which has engaged ... in any acts…