Judge dismisses all but three counts in ABC lawsuit - FOX Carolina 21

Judge dismisses all but three counts in ABC lawsuit

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A case of sparkling water was mistaken for beer, leading ABC agents to arrest a UVA student (Source: NBC12) A case of sparkling water was mistaken for beer, leading ABC agents to arrest a UVA student (Source: NBC12)
CHARLOTTESVILLE, VA (WWBT) -

A $40 million lawsuit against Virginia's Department of Alcohol and Beverage Control will go forward, a judge ruled Tuesday, however many charges were dismissed.

University of Virginia student Elizabeth Daly, who is from Henrico, is suing the state agency over an incident in which she was mistakenly pursued.

The judge allowed counts of false arrest and assault to go forward against three ABC agents. The agents thought Daly was underage and was carrying beer from a Harris Teeter in Charlottesville. She was actually only carrying sparkling water. The agents rushed her car, and she sped off, unsure of who exactly was trying to arrest her.

The ABC said it would revise the way it uses plain-clothes officers after the incident, promising a uniformed officer would be present if an arrest is going to be made.

Daly spent the night in jail charged with assault and battery, as well as eluding police. Those charges were later dropped.

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