Nexus V Kimberly Sue Vance
Nexus V Kimberly Sue Vance
Nexus V Kimberly Sue Vance
COMPLAINT
Plaintiff, Nexus Services Inc., by and through its undersigned counsel, files
this Complaint, using 42 U.S.C 1983 as the vehicle to vindicate its rights
in direct violation of Plaintiffs Fourth Amendment rights. This illegal search was
committed under false pretenses, and without a warrant. The warrantless search,
upon information and belief, was conducted for an illegal purpose, to wit; in an
effort to assist a former employee in a suit that person is defending against Plaintiff.
1.
At all times relevant to this Complaint, Nexus Services Inc. (Nexus) was a
Virginia Corporation, with its principal place of business at 113 Mill Place
operates and funds many initiatives designed to eliminate discrimination and help
the disadvantaged.
2.
(Vance) was a United States citizen, a Virginia resident, and a sworn law
enforcement officer with the City of Waynesboro Police Department. At all relevant
times to this Complaint, Defendant Vance was acting under the color of state law.
At all relevant times, Defendant Vance was subject to the laws of the
relevant times, Vance was responsible for knowing and acting in accordance with
all policies, procedures, orders, special orders, general orders, guidelines and
as the vehicle to bring this civil action against Vance in her individual capacity
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JURISDICTION AND VENUE
3.
This Court has original subject matter jurisdiction over the federal claim in
this action, in accordance with 28 U.S.C. 1331, because the claim raises a federal
4.
This Court has supplemental subject matter jurisdiction over the state claim
in this action under 28 U.S.C. 1367(a) because the state and federal claims form
part of the same case or controversy under Article III of the United States
Constitution.
5.
This Court has personal jurisdiction over the Defendant because she is
domiciled in Virginia.
6.
1391(b)(1) because the Defendant resides in this district and under 28 U.S.C.
1391(b)(2) because a substantial part of the events giving rise to the claims occurred
in this district.
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STATEMENT OF FACTS
7.
campus that she had lied to gain entry and attempt to look around. (See Exhibits 1
& 2, for statements that demonstrate Vance lied to gain access to Plaintiffs
8.
On August 1, 2017 Defendant Vance, drove her car to the address (113 Mill
Place Parkway, Verona, Virginia 24482) where Nexus owns property and operates a
business.
9.
Upon her arrival to the Nexus campus, Defendant Vance was stopped at the
entrance by a guard. The guard asked her what her business was on the campus.
Vance responded that she was seeking home health care services and that she was
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10.
Vance was permitted to enter the campus based upon her false narrative. She
entered the campus and parked her vehicle in front of Interim Healthcare. Vance
11.
offices, and Vance told said Interim Health employees that she, Vance, had utilized
the story of visiting their office space as a ruse to gain access to the campus so that
12.
At all relevant times to this Complaint, Vance was a sworn law enforcement
officer in the City of Waynesboro; the Nexus campus is located several miles
13.
search Plaintiffs corporate campus located at 113 Mill Place Parkway, Verona,
Virginia 24482.
14.
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15.
16.
Vance at no time indicated to Nexus security personnel that she was on their
17.
Vance told Nexus security personnel that she was visiting the Nexus campus
18.
Vance was permitted to enter under the pretense that she was visiting a tenant
in the office park. Indeed, Nexus security personnel watched Vance pull up to the
Interim Healthcare office, leave her vehicle, and enter the Interim Healthcare
offices.
19.
Vance told an employee at Interim Health that she was sorry, but that she was
using their office as an excuse to enter the Nexus campus. (See Exhibit 2.)
20.
Vance indicated to the employee of Interim Health that she was gaining entry
under false pretenses so that she could look around the Nexus campus.
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21.
Upon her departure from Interim Healthcares office, Vance drove her
vehicle around the rear portion of the Nexus property in an apparent effort to look
22.
23.
24.
Vance intended to hide her intent to spy on Nexus property, upon information
25.
Vance did gain entry to secured Nexus property under false pretenses, in
26.
Vance, wearing a police polo and a badge, knew or should have known that
announcing to tenants of Nexus that she is using their location as a ruse to look
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around Nexus property would absolutely infer that Nexus was involved in criminal
activity. In fact, Vance knows that she had no legitimate, legal reason to enter
Nexus property and permitted tenants of Nexus to believe that she did.
28.
At all times relevant to this Complaint, Nexus had a clearly established right
under the Fourth Amendment to the United States Constitution to be free from
unreasonable search and seizure of its property by law enforcement officers such as
Police Department clothing and while also located outside of the jurisdiction of
Waynesboro Police Department. Vance was not authorized by any superior officer
had Vance told Plaintiffs security personnel that she was there to conduct a search
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prohibited said search per company policy without out, first, Vance presenting a
29.
Based on all facts that have been incorporated to support this Count, and
the facts alleged in this count, Vance unlawfully searched Nexus property, inter
alia, Vance had no arguable probable cause to search Nexus property and utilized
false pretenses to enter Nexus property for no legitimate law enforcement purpose.
30.
this count and the allegations within this count, Nexus is entitled to all allowable
COUNT TWO
TRESPASS
(State Claim)
31.
32.
113 Mill Place Parkway in Verona, Virginia, which has posted PRIVATE
PROPERTY, NO TRESPASSING.
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33.
Based on all facts that have been incorporated to support this Count, Vance
knew she was entering a secured campus and lied about her intention for entering
the Nexus property and thus committed the act of trespass by deceit.
34.
into this count and the allegations within this count, Plaintiff is entitled to all
COUNT THREE
DEFAMATION
(State Claim)
that she was using their office as a ruse to look around Nexus property.
Defendant Vances lies and innuendo created the impression of her having
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ATTORNEY FEES
35.
Based on all the facts alleged in this case, Plaintiff is entitled to reasonable
PUNITIVE DAMAGES
36.
Based on all the facts alleged in this case, the wrongful conduct of Defendant
arose to a level that entitles Nexus to punitive damages under applicable law
1. That this Court exercise jurisdiction over this case and grant a jury trial;
2. That this Court decide, as a matter of law, all issues not required to be
determined by a jury;
3. That this Court award all permissible damages recoverable from the
4. That this Court permit recovery of reasonable attorneys fees and costs in
and,
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5. That this Court grant any additional relief that this Honorable Court
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