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Trial Date Set in Civil Suit Against Emporia-Greensville Commonwealth's Attorney Patricia Watson

The civil suit filed against Patricia Watson, Kimberly Darden and Henry Allen will procede. The claims against Mr. Allen have previously been dismissed.

The Honorable John A. Gibney, Jr. has set date for a Trial by Jury beginning April 29, 2019 at the Federal District Courthouse for the Eastern District of Virginia in Richmond.

The opinion of the Federal Judge finding probable cause in the case of King v Darden, Watson and Allen was the "Opinion of the Day" in Lawyers Weekly shortly after it was issued. That opinion is available online here, and, like all of the documents in the case, is public record.

That opinion found that the allegations in two of the four counts of the complaing warranted proceding.

The Judge granted the motion to dismiss all counts against Mr. Allen but denied the motion to dismiss for both Ms Darden and Mrs. Watson on Counts I and III. Count II was dismissed, but Mr. King was granted leave to amend the complaint. The Judge's opinion also stated that Mrs. Watson did not enjoy Eleventh Amendment Immunity.

As for Commonwealth's Attorney Watson and Virginia State Police Special Investigator, the Judge ruled that they would both face some of the allegations in the Complaint filed by Mr. King. his opinion further stated that Eleventh Amendment Immunity does not shield Mrs. Watson from facing the claims in the complaint it is alleged tht she acted in her personal capacity and not a professional one. Mrs. Watson may still be shielded by State Immunity, but that would require a "more complete record" and an affirmitive defense by Mrs. Watson.

Mr. King, through his attorney later filed further information with the Court and Count II was reinstated.

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