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8/2/17

IN THE UNITED STATES DISTRICT COURT


FOR THE WESTERN DISTRICT OF VIRGINIA
HARRISONBURG DIVISION

NEXUS SERVICES, INC., )


)
Plaintiff, ) Case No: _______________
5:17cv00072
)
v. )
)
KIMBERLY SUE VANCE, )
in her official and individual capacity, )
) JURY TRIAL DEMANDED
Defendant. )

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

regarding an unconstitutional search executed by Defendant, Kimberly Sue Vance,

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.

In support of its Complaint, Nexus Services Inc. alleges the following:

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PARTIES

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

Parkway, in Verona, Virginia. Nexus is a leading national provider of GPS tracking

technology and services to immigrants in detention and their families. Nexus

operates and funds many initiatives designed to eliminate discrimination and help

the disadvantaged.

2.

At all times relevant to this Complaint, Defendant Kimberly Sue Vance

(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

Commonwealth of Virginia and the Constitution of the United States. At all

relevant times, Vance was responsible for knowing and acting in accordance with

all policies, procedures, orders, special orders, general orders, guidelines and

regulations of the Waynesboro Police Department. Nexus is using 42 U.S.C 1983

as the vehicle to bring this civil action against Vance in her individual capacity

regarding federal claims.

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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

question under the laws and Constitution of the United States.

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.

Venue is proper in the Western District of Virginia under 28 U.S.C.

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.

On August 1, 2017, Defendant Vance entered the corporate campus

belonging to Nexus in Verona, Virginia. The Defendant lied to campus security in

an effort to trespass on Nexus property. After entering the company property of

Nexus under false pretenses, Defendant Vance admitted to other individuals on

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

corporate campus in order to conduct a search without a search warrant.)

A. Facts related to allegation of unlawful search and seizure under


the Fourth Amendment of the U.S. Constitution

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

planning to visit Interim Healthcare. (See Exhibit 1.)

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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

entered the offices of Interim Health.

11.

Vance was approached by Interim Health employees upon entering their

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

she could look around. (See Exhibit 2.)

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

outside of Vances jurisdiction as a Waynesboro police officer.

13.

At all relevant times to this Complaint, Vance had no search warrant to

search Plaintiffs corporate campus located at 113 Mill Place Parkway, Verona,

Virginia 24482.

14.

Vance entered the campus on behalf of a third party, a former Nexus

employee with whom Vance associates.

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15.

Vance searched the campus.

B. Facts related to unlawful search

16.

Vance at no time indicated to Nexus security personnel that she was on their

property to conduct a search.

17.

Vance told Nexus security personnel that she was visiting the Nexus campus

to conduct business with a tenant on the property.

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

around the entire campus.

22.

Plaintiffs company policy prohibits law enforcement officers searching

Plaintiffs corporate campus without a valid search warrant.

C. Facts related to Trespass

23.

Vance entered a secured facility on private property, under false pretenses.

24.

Vance intended to hide her intent to spy on Nexus property, upon information

and belief, on behalf of a friend and for no legitimate legal purpose.

25.

Vance did gain entry to secured Nexus property under false pretenses, in

violation of Nexuss rules concerning visitors to its corporate offices.

D. Facts related to Defamation

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.

COUNT ONE (FEDERAL CLAIM)


42 U.S.C. 1983FOURTH AMENDMENT VIOLATION REGARDING
DEFENDANT VANCES UNLAWFUL SEARCH
27.

Nexus hereby reiterates and incorporates by reference the allegations

contained in paragraphs 1-26, as if set forth fully herein.

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

Defendant Vance. Vance searched Nexus property while wearing Waynesboro

Police Department clothing and while also located outside of the jurisdiction of

Waynesboro Police Department. Vance was not authorized by any superior officer

to conduct a search of Plaintiffs corporate campus on the date in question. Vance

has absolutely no warrant to conduct a search of Plaintiffs corporate campus. And,

had Vance told Plaintiffs security personnel that she was there to conduct a search

of Plaintiffs corporate campus, Plaintiffs security would have absolutely

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prohibited said search per company policy without out, first, Vance presenting a

valid search warrant.

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.

Due to Defendants unlawful conduct, based on the facts incorporated into

this count and the allegations within this count, Nexus is entitled to all allowable

damages under law.

COUNT TWO
TRESPASS
(State Claim)
31.

Nexus hereby reiterates and incorporates by reference the allegations

contained in paragraphs 1-30, as if set forth fully herein.

32.

At all times relevant to this Complaint Nexus operated a secure campus at

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.

Due to Defendant Vances unlawful conduct, based on the fact incorporated

into this count and the allegations within this count, Plaintiff is entitled to all

allowable damages under law.

COUNT THREE
DEFAMATION
(State Claim)

Nexus hereby reiterates and incorporates by reference the allegations

contained in paragraphs 1-34, as if set forth fully herein.

Defendant Vance told employees of a tenant located in Nexus office park

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

legitimate police business on Nexus property, which was a falsehood. Plaintiff is

entitled to all permissible damages under controlling law.

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ATTORNEY FEES

35.

Based on all the facts alleged in this case, Plaintiff is entitled to reasonable

attorney fees under applicable federal and state law.

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

regarding Plaintiffs Constitutional and state law claims.

PRAYER FOR RELIEF

WHEREFORE, Nexus respectfully prays for the following relief:

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

Defendant, including general, special, compensatory, punitive, and any

other damages deemed appropriate, in an amount to be determined at trial;

4. That this Court permit recovery of reasonable attorneys fees and costs in

an amount to be determined by this honorable Court under applicable law;

and,

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5. That this Court grant any additional relief that this Honorable Court

deems appropriate under the circumstances.

Respectfully submitted this 2nd day of August, 2017.

s/JESSICA SERMAN STOLTZ


Jessica Sherman Stoltz
VA Bar No.: 90172

NEXUS CARIDADES ATTORNEYS, INC.


113 Mill Place Parkway, Suite 105A
Verona, VA 24482
540-466-3596/540-301-8158 FAX
jstoltz@nexuscaridades.com
Counsel for Nexus

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