Jeremy Carroll obtains summary judgment for a police officer sued for alleged malicious prosecution and conspiracy to violate constitutional rights.  

The plaintiff in the law suit was a foreign national in the country on a student visa.  Under Virginia Code Section 18.2-308.2:01, it is illegal for a foreign national to possess an assault weapon.  Based in part on the officer’s eyewitness testimony, the plaintiff was criminally charged with violating that statute when he purportedly used an assault weapon at a local gun range.  The plaintiff ultimately was acquitted of the criminal charge at trial.

Following the acquittal, the plaintiff sued the police officer claiming the officer violated his rights under the Fourth and Fourteenth Amendments to the United States Constitution.  The plaintiff claimed the police officer fabricated his testimony that he observed the plaintiff using an assault weapon.  The plaintiff also sued an officer from another agency, claiming that the two officers conspired to fabricate evidence and prosecute the plaintiff.

The District Court concluded that the plaintiff had no evidence to support his claim of evidence fabrication.  The court also ruled there was no evidence that the two police officers conspired to prosecute the plaintiff.  The plaintiff relied solely on speculation and conjecture to support his claims.  The court granted motions for summary judgment from both officers. The court dismissed the case.

Citation: Yunsong Zhao v. McClain, 2020 U.S. Dist. LEXIS 245882 (W.D. Va. Dec. 28, 2020.)

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