R.K.W. v. Washington County Sheriff Blake Andis et al, No. 3:2024cv00077 - Document 60 (E.D. Va. 2024)
Court Description: MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 08/15/2024. (Kski, )
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R.K.W. v. Washington County Sheriff Blake Andis et al IN THE UNITED FOR THE STATES Doc. 60 DISTRICT COURT EASTERN DISTRICT OF VIRGINIA Richmond Division TIFFANY NGO, Administrator Of the Estate of Brooke Winek, Deceased, Plaintiff, Civil V. WASHINGTON COUNTY, Action No. 3:24cv76 VA SHERIFF BLAKE ANDIS, in his official and personal capacities; and WASHINGTON COUNTY, VA SHERIFF'S OFFICE; and WASHINGTON CO., VA DETECTIVE WILLIAM SMARR, in his official and personal capacities; and MICHAEL CAREY, Administrator of the Estate of Austin Lee Edwards, Deceased, Defendants. R.K.W., a minor, by and Through her next friend, TIFFANY NGO, Plaintiff, Civil V. WASHINGTON COUNTY, Action No. 3:24cv77 VA SHERIFF BLAKE ANDIS, in his official and personal capacities; and WASHINGTON COUNTY, VA SHERIFF'S OFFICE; And WASHINGTON COUNTY, VA DETECTIVE WILLIAM SMARR; In his official and personal Capacities; and MICHAEL CAREY, Administrator of the Estate of Austin Lee Edwards, Deceased, Defendants. Dockets.Justia.com MEMORANDUM OPINION This matter is before the Court in the above-captioned cases which are related because they arise out of the same circumstances. In Civil Action No. Estate of Brooke 3:24cv76, Tiffany Ngo, Winek, Deceased sued as Administrator of the four The defendants. remaining defendants are Washington County Va Sheriff Blake Andis in his official Administrator and of personal Estate of capacities Austin and Lee Michael Carey, deceased. Edwards, (Hereafter the case will be referred to as either "Case No. 76" or w Ngo").^ In Civil Action No. 3:24cv77, R.K.W., Hereafter and through her next friend Tiffany Ngo. be referred to as either "Case No. 77" or \\ R.K.W. tt the remaining defendants are Washington County, Andis in his Administrator a minor the sues case 18 will As in 3:24cv76, VA Sheriff Blake official and personal capacities and Michael Carey, of Estate of Austin Lee Edwards, deceased.^ cases are before the Court on Andis' MOTION TO TRANSFER VENUE No. by in 3:24cv76 and ECF No. Having considered the Motions, 20 in 3:24cv77) the supporting, (the Both (ECF "Motions"). opposing and reply 1 Ngo originally sued the Washington County, VA Sheriff's Office and Washington County, VA Detective William Smarr. in his official and personal capacities. The case against both of those defendants was voluntarily dismissed (ECF Nos. 26 and 47). 2 As is the case in Ngo, the Washington County, VA Sheriff's Office and Washington County, VA Detective William Smarr in his official and personal capacities have been voluntarily dismissed. (ECF Nos. 30 and 53). 2 memoranda, 76) the MOTION TO TRANSFER VENUE and the MOTION TO TRANSFER VENUE {EOF No. (ECF No. 18 in Case No. 20 in Case No. 77) will be granted.^ BACKGROUND For purposes essentially the of the same, Motions, the and are presented, pertinent facts are they are recited in as the virtually identical Complaints. Austin Lee Edwards, murdered three people who in is now deceased, Riverside, is alleged to have California on November 20, 2 022 and to have kidnapped another person on that day. The victims of Mark the murder were Brooke (R.K.W.'s grandfather), R.K.W. and was the abduction Winek (R.K.W.'s It were and the direct is Winek {R.K.W.'s grandmother). and Sharon Winek person abducted. mother), alleged that proximate the result "deaths of the Washington County Sheriff's violation of the Fourteenth Amendment of the United States Constitution, actionable pursuant to 28 U.S.C. § 1983 . . n (ECF No. 1, f 9 in Case Nos. According to the Complaint, her Instagram account in the 76 and 77). Edwards met R.K.W, online through summer of 2022. The two began 3 Michael Carey, Administrator of the Estate of Austin Lee Edwards also is named as a defendant in both cases. Carey was served in both cases on June 6, 2024 . However, Carey has filed no Answer. Nor has he appeared herein. 3 communicating on Instagram and another program known as Discord. Edwards was alleged to be in Chesterfield County and in Richmond, At Virginia when he made those communications. was the 16 years old and Edwards was 28 years old. online communications, Edwards time, R.K.W. However, in the that he was represented to R.K.W. 17 years old and that he would be turning 18 on September 1, 2022. summer and early fall The communications extended throughout the of 2022, R.K.W. according to the Complaint; and Edwards messaged each other and sent each other voice recordings. for Uber Eats Edwards sent R.K.W. her friends. R.K.W. secret from her family. online gifts, and Doordash deliveries groceries, money and gift cards, for during that timeframe. and, relationship with to her residence, paid sent her and helped her buy birthday gifts kept It including jewelry, this relationship is alleged that R.K.W. Edwards not long after with Edwards broke off Halloween the 2022 because Edwards had become clingy and pushy and wanted R.K.W. engage in activity of a sexual nature, to including sending him naked photographs of herself on Instagram. On November 16, 2022, the Washington County Sheriff's Office hired Edwards as a Patrol Deputy Sheriff. Previously, Edwards had been employed by the Virginia State Police as a trooper, a position he had resigned in October 2022. 4 On November 23, retained as a 2022, Patrol Edwards, seven days after having been Deputy Sheriff on November 16, 2022, took time off from work and began a two-day driving trip from Virginia to Riverside, The purpose of the trip was to be with California. R.K.W. Two days later, have murdered R.K.W.'s mother, the house He afire. 2022, on November 25, Edwards is alleged to grandmother and grandfather and set used gasoline, an inflammatory agent, and opened the windows and doors of the house so that the fire would Thereafter, spread quickly. seat of his It car. is Edwards also forced R.K.W. asserted in that, into the committing back the murder, arson and kidnapping offenses in California nine days after he was hired, Edwards used the Washington County Sheriff's Office badge and the issued service revolver. Neighbors noticed that the house was on fire and called the authorities, inter alia, the Riverside California Police Department which shortly thereafter determined the description of the vehicle and traced Edwards through a ping and then a pursuit began. Edwards' directed R.K.W. car to became leave the stalled during vehicle and the then pursuit. shot and He killed himself. It Detective is alleged Smarr did that, not in vetting contact the 5 Edwards for references that employment. Edwards had supplied; that Detective Smarr ignored the statement by a previous employer (the Virginia State Police) Edward's troublesome background; that had left application blank, i.e., of Edwards a significant officer; or ever is as Edwards Smarr represented evidenced by the had a 2016 that taken into fact detention of the employment acted violently a civil restraining order, According to the Complaints, he had checked Central the but he did not actually do that those records for toward any psychiatric reflect evaluation that after father and himself and that Edwards had threatening to kill his been parts having Criminal Record Exchange for Edwards, so of queries respecting previous convictions protective order or contact order. Detective suggestive and that Smarr ignored the fact or having been a subject of person; was questions respecting having been detained by a law crime; enforcement that custody inappropriately when the after he cut his hand and acted emergency technicians arrived and then and was thereafter judicially transferred to a psychiatric facility. In was detained pursuant to an emergency custody order both cases, the theory of liability is that an adequate background check would have shown that Edwards' as a result The R.K.W. of this conduct incident in 2016. in which Edwards occurred in the right to own a gun was revoked summer of engaged in communicating with 2022 6 and concluded not long after Halloween 2022 when R.K.W. Edwards Edwards. was broke off the online relationship with in Chesterfield County and Richmond, Virginia during the online communications with R.K.W. Edwards 2022 resigned from the Virginia State Police in October and was hired by the Washington County Sheriff's Office on November 16, The 2022. record does not disclose when Edwards applied for the position for which he was hired by the Washington County Sheriff's Office. Nor does allegedly all record deficient background. of the his disclose when pre-employment Detective inquiries Smarr made the into Edwards' However, it appears from the record that, at the time actions and alleged inactions in the employment screening process, Detective Smarr was in Washington County. Seeking recovery of the damage and loss arising out of tragic events that occurred in Riverside, 25, 2022 that were alleged results investigation which allowed Edwards County Deputy Sheriff, claims against Andis: § 1983 described hiring); No. 77 as and Count V also asserts California on November the deficient FAILURE background to be hired as a Washington the Complaint in Case No. Count I a of the 76 asserts three (an alleged violation of 42 U.S.C. TO SCREEN"); Count IV (negligent (a survival action). The Complaint in Case three Andis: claims alleged violation of 42 U.S.C. against § 1983 for a 7 Count I (an FAILURE TO SCREEN"); Count VIII (vicarious liability)/ and Count X (negligent hiring) With this factual and procedural background in mind, to an examination of Andis' MOTIONS TO TRANSFER the we turn venue to the Carey has neither appeared in the Western District of Virginia. cases nor has filed a position on the issue of transfer. DISCUSSION The rules governing venue are set by Transfer of venue is governed by 28 U.S.C. a district that: court may transfer 28 U.S.C. § § 1404 which provides any civil action other district or division where it might have been brought. 28 U.S.C. under § § to any . . When considering a motion to transfer venue 1404(a). 1404(a), 1391. the Court must decide: (1) whether could have been brought in the transferee forum; and the (2) action whether the interest of justice and convenience of the parties warrants a Koh V. transfer. (E.D. Va. Microtek Int'l, Inc., In deciding whether 2003) . 250 F. Supp.2d 627, transfer is appropriate. district courts are instructed to consider four factors: weight accorded convenience and to plaintiffs' access; (3) the interest of justice. Nat'l Pension Fund v. choice convenience the Plumbing Services, Estate of venue; the (2) parties; (1) the witness and (4) Trustees of the Plumbers & Pipefitters ^ The other remaining claims are Administrator of of 630 Inc., 791 F.3d 436, 444 asserted against Michael Carey, of Austin Lee Edwards, 8 Deceased. (4th Cir. Here 2015). the first factor (whether the action brought in the putative transferee forum^) could have been is not disputed. That brings the analysis to whether the interest of justice and the convenience of the parties warrant transfer to the proposed transferee A. forum. Plaintiff's While Choice ordinarily considerable of Venue the significance, plaintiff's that rule choice applies of venue where the is of chosen forum is the plaintiff's home forum and where the claims bear some substantial plaintiff, connection to the chosen the Estate of Brooke Winek and R.W.K., are residents of California and very little, constituting Virginia, choice of The Where, forum. the that offense rule occurred calls for no in as here, the respectively, if any, of the conduct the Eastern deference to the District of plaintiff's venue. record so far establishes that the hiring decisions respecting the hiring of Edwards took place in the Western District of Virginia and all of the unlawful conduct at issue took place in Riverside, California. The injuries in this case and the actions 5 The Abingdon Division of the United States District Court for the Western District of Virginia. 9 which precipitated those injuries occurred Riverside, in arson and California where Edwards committed the crimes of murder, abduction and conducted the in Abingdon, Virginia bear B. a In other words, Witness The Western substantial connection to Accordingly, Virginia. Detective Smarr allegedly deficient background investigation that lies at the core of all of the claims. do not where of of and Access teaches District Eastern District this factor favors transfer. Convenience record the the claims that the Virginia. key witnesses reside For instance, six in or the seven witnesses who are in the Western District of Virginia were involved in reviewing Edwards' them will be witnesses. is override located the fact in that of It is also likely that a witness from the It appears that Virginia State Police might be called to testify. witness All application and background check. Richmond, most of Virginia, the witnesses but that are in does the not Western District of Virginia. R.K.W. is a resident of beneficiaries that, more of Winek are because Richmond has convenient in California as Virginia. witnesses from estate and the It well. an international airport, for witnesses and parties to than to Abingdon, coming California and Winek's But California 10 the fact will of have travel the to is argued it would be to Richmond matter transfer is that planes whether they fly to Richmond or Roanoke or Bristol {the airports closest to Abingdon). The C. The Interest of principal Justice acts giving the rise to Andis' liability occurred in the Western District of Virginia and the claims have no meaningful connection to the Eastern District of Virginia. IS true that groundwork conduct in Edwards' for the which communications with relationship out of Edwards engaged in R.K.W. provided which grew the California. not in occur the Western District of the terrible However, gravamen of the claims is conduct or inaction that occurred did It Virginia and the (or in California so that the interest of justice favors transfer to the Western District of Virginia. CONCLUSION For the foregoing reasons, No. 20 18 in Case No. in Case No. It is so 77) 76) the MOTION TO TRANSFER VENUE and the MOTION TO TRANSFER VENUE (ECF (ECF No. will be granted. ORDERED. Is! fia^ Robert E. Payne Senior United States District Judge Richmond, Virgin^ Date: August , 2024 11
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