Mercer v. Vega, No. 1:2018cv00346 - Document 29 (E.D. Va. 2019)
Court Description: MEMORANDUM OPINION re Motion for Summary Judgment. Signed by District Judge Liam O'Grady on 4/24/19. (klau, )
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Mercer v. Vega Doc. 29 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division GREGORY S. MERCER, Plaintiff, Case No. 1:18-cv-346 V. E.A. VEGA, Defendant. MEMORANDUM OPINION This matter comes before the Court on Defendant's Motion for Summary Judgment. Dkt. 19. For the following reasons the Motion is granted. I. Background The present case was set in motion by a 2006 arrest. On June 9, 2006, Trooper Kenneth Houtz approached four cars that were pulled over on the shoulder of Interstate 66. The driver of one ofthese cars was Plaintiff, Gregory Mercer. As Houtz was issuing a summons to Mercer for improperly stopping on the highway. Mercer struck Houtz and called Houtz an asshole. Seeking to deescalate the situation, Houtz went to issue summonses to the three other drivers to give Mercer a chance to calm down. When Houtz returned to Mercer, Mercer was still upset and asked for Houtz's name and badge number. Houtz then called his Division Headquarters and spoke to Sergeant Kerry Allander about the situation with Mercer. After speaking to Allander, Houtz arrested Mercer and subsequently obtained and served a warrant on Mercer for assault and battery of a law enforcement officer. After his arrest. Mercer went to the Division VII, Area 9 Office to speak with Allander. Dockets.Justia.com
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