Case: Commonwealth of Virginia v. Town of Windsor

CL21001186-00 | Virginia state trial court

Filed Date: Dec. 30, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This case stemmed from the December 6, 2020 traffic stop of a Black and Latino service member whom police pepper sprayed during a stop for a minor traffic violation. The Clearinghouse was unable to locate the original and amended complaints but completed this summary based on news articles. According to WLJA News, on December 30, 2021, Virginia Attorney General Herring’s Office of Civil Rights filed a complaint against the Town of Windsor (“Town”) for violations of the Virginia Public Integrity…

This case stemmed from the December 6, 2020 traffic stop of a Black and Latino service member whom police pepper sprayed during a stop for a minor traffic violation. The Clearinghouse was unable to locate the original and amended complaints but completed this summary based on news articles. According to WLJA News, on December 30, 2021, Virginia Attorney General Herring’s Office of Civil Rights filed a complaint against the Town of Windsor (“Town”) for violations of the Virginia Public Integrity and Law Enforcement Misconduct Act. The complaint alleged a pattern and practice of misconduct by the Windsor Police Department (“WPD”) before and after the December 6, 2020 traffic stop. The case was assigned to Judge Padrick, Jr.

The Attorney General amended the complaint on August 20, 2022. 

According to AP News, the Town initially refuted the allegations and argued that the charges were politically motivated. However, the Town ultimately signed a consent decree with Attorney General Herring’s successor, Attorney General Miyares, on September 7, 2023. The Town released a statement, saying that it still denied the allegations but entered the consent decree to avoid further expense. 

The consent decree required the WPD to seek accreditation from the Virginia Law Enforcement Professional Standards Commission and establish a third-party review system for use-of-force complaints or complaints of other serious misconduct by WPD officers. The consent decree also mandated that the WPD conform its training, hiring, and disciplinary procedures to the standards set by Virginia law and the Virginia Law Enforcement Professional Standards Commission. Finally, the consent decree set in place a yearly reporting requirement for the WPD to update the Office of Civil Rights on its progress and behavior.

The parties agreed that the consent decree would last for 36 months or until the WPD obtained accreditation, whichever was longer. As of March 28, 2025, this case was ongoing.

Summary Authors

Maddie Turk (4/5/2025)

Documents in the Clearinghouse

Document

CL21001186-00

Docket

Oct. 18, 2023

Oct. 18, 2023

Docket

CL21001186-00

Agreed Consent Order

Sept. 7, 2023

Sept. 7, 2023

Order/Opinion

Docket

Last updated April 22, 2025, 12:31 a.m.

ECF Number Description Date Link Date / Link

Party: PLTType: Complaint

Dec. 30, 2021

Dec. 30, 2021

Remarks: REQUEST FOR SUMMONSType: Letter

Jan. 5, 2022

Jan. 5, 2022

1

Date Served: 01/10/2022How Served: In Person/Notified In CourtName: TOWN OF WINDSORType: Complaint

Jan. 10, 2022

Jan. 10, 2022

Party: DEFRemarks: D1 - REPORTING & ANALYSISType: Exhibits To A Pleading

Jan. 28, 2022

Jan. 28, 2022

Party: DEFRemarks: CRAVING OYER, DEMURR, PLEAType: Motion

Jan. 28, 2022

Jan. 28, 2022

Party: COURTRemarks: RECUSAL ORDERType: Orderjudge: Hon. Carl Edward Eason Jr., Presiding Judge, Chief Judgejudge initials: CEE

Feb. 3, 2022

Feb. 3, 2022

Party: PLTRemarks: OF APPEARANCEType: Notice

Feb. 9, 2022

Feb. 9, 2022

Party: PLTRemarks: SKETCH ORDERType: Draft Order

Feb. 9, 2022

Feb. 9, 2022

Party: PLTRemarks: WITHDRAW & SUBSTITUTEType: Motion

Feb. 9, 2022

Feb. 9, 2022

Party: COURTRemarks: APPT JUDGE PADRICK, JR.Type: Order

Feb. 25, 2022

Feb. 25, 2022

Party: MULTIRemarks: SUB BERKY FOR HEENANType: Orderjudge: HTPjudge initials: HTP

March 31, 2022

March 31, 2022

Party: PLTRemarks: NOTICE OF APPEARANCE - SHOType: Notice

June 6, 2022

June 6, 2022

Party: PLTRemarks: NOTICE OF APPEARANCEType: Notice

June 27, 2022

June 27, 2022

Party: COURTRemarks: 10-6-22: DEMURRER HEARINGType: Scheduling Orderjudge: HTPjudge initials: HTP

July 15, 2022

July 15, 2022

Party: PLTRemarks: FIRST AMENDED COMPLAINTType: Motion

Aug. 5, 2022

Aug. 5, 2022

Party: PLTRemarks: CW-A VIDEO TO AMENDED COMPType: Exhibits

Aug. 8, 2022

Aug. 8, 2022

Party: PLTRemarks: NOTICE OF HEARINGType: Notice

Aug. 10, 2022

Aug. 10, 2022

Party: PLTRemarks: CONSENT ORDERType: Draft Order

Aug. 12, 2022

Aug. 12, 2022

Party: PLTRemarks: GRANTEDType: Orderjudge: HTPjudge initials: HTP

Aug. 20, 2022

Aug. 20, 2022

Party: DEFRemarks: NOTICEType: Notice

Sept. 7, 2022

Sept. 7, 2022

Party: DEFRemarks: BRIEF IN SUPPORTType: Brief

Sept. 7, 2022

Sept. 7, 2022

Party: DEFRemarks: DEMURRER PLEA IN BAR PLEAType: Demurrer

Sept. 7, 2022

Sept. 7, 2022

Party: PLTRemarks: BRIEF IN OPPOSITIONType: Brief

Sept. 22, 2022

Sept. 22, 2022

Remarks: FOR TV MEDIA COVERAGEType: Request

Oct. 6, 2022

Oct. 6, 2022

Room: SUFFTime: 9:30AMType: Demurrer

Oct. 6, 2022

Oct. 6, 2022

Party: PLTRemarks: ORDERType: Draft Order

Oct. 20, 2022

Oct. 20, 2022

Party: MULTIRemarks: OVERRULED AND DENIEDType: Orderjudge: HTPjudge initials: HTP

Oct. 27, 2022

Oct. 27, 2022

Party: DEFRemarks: HEARING TRANSCRIPTType: Transcript

Nov. 16, 2022

Nov. 16, 2022

Party: DEFRemarks: ANSWER OF THE TOWN OF WINDType: Answer

Nov. 16, 2022

Nov. 16, 2022

Party: PLTRemarks: EXHIBIT CType: Exhibits

March 31, 2023

March 31, 2023

Party: PLTRemarks: EXHIBIT DType: Exhibits

March 31, 2023

March 31, 2023

Party: PLTRemarks: EXHIBIT BType: Exhibits

March 31, 2023

March 31, 2023

Party: PLTRemarks: EXHIBIT AType: Exhibits

March 31, 2023

March 31, 2023

Party: PLTRemarks: MOTION TO COMPEL DISCOVERYType: Motion

March 31, 2023

March 31, 2023

Party: DEFRemarks: RULE 4:1 MOTION, EX. CType: Exhibits

April 3, 2023

April 3, 2023

Party: DEFRemarks: RULE 4:1 MOTION, EX. DType: Exhibits

April 3, 2023

April 3, 2023

Party: DEFRemarks: RULE 4:1 MOTION, EX. AType: Exhibits

April 3, 2023

April 3, 2023

Party: DEFRemarks: RULE 4:1 MOTION, EX. BType: Exhibits

April 3, 2023

April 3, 2023

Party: DEFRemarks: MOTION RE PROTECTED INFORMType: Motion

April 3, 2023

April 3, 2023

Party: DEFRemarks: MTC EX. AType: Exhibits

April 3, 2023

April 3, 2023

Party: DEFRemarks: MTC EX. BType: Exhibits

April 3, 2023

April 3, 2023

Party: DEFRemarks: MOTION TO COMPELType: Motion

April 3, 2023

April 3, 2023

Party: DEFRemarks: HEARING NOTICEType: Notice

April 10, 2023

April 10, 2023

Party: PLTRemarks: 5-24-23 HEARINGType: Notice

April 13, 2023

April 13, 2023

Party: DEFRemarks: AMENDED NOTICE AND MOTIONType: Notice

April 18, 2023

April 18, 2023

Party: DEFRemarks: EXHIBIT CType: Exhibits

April 25, 2023

April 25, 2023

Party: DEFRemarks: EXHIBIT FType: Exhibits

April 25, 2023

April 25, 2023

Party: DEFRemarks: EXHIBIT BType: Exhibits

April 25, 2023

April 25, 2023

Party: DEFRemarks: EXHIBIT EType: Exhibits

April 25, 2023

April 25, 2023

Party: DEFRemarks: EXHIBIT DType: Exhibits

April 25, 2023

April 25, 2023

Party: DEFRemarks: EXHIBIT AType: Exhibits

April 25, 2023

April 25, 2023

Party: DEFRemarks: BRIEF IN OPPOSITION TO PLAType: Brief

April 25, 2023

April 25, 2023

Room: SUFFTime: 9:30AMType: Hearing

May 24, 2023

May 24, 2023

Remarks: AGREED CONSENT ORDERType: Final Orderjudge: HTPjudge initials: HTP

Sept. 7, 2023

Sept. 7, 2023

Concluded By: OtherJudgment: Other

Sept. 7, 2023

Sept. 7, 2023

Result: ResolvedRoom: ISLETime: 9:30AMType: Present Decree And/Or Order

Sept. 7, 2023

Sept. 7, 2023

Result: WithdrawnRoom: SUFFTime: 10:00AMType: Hearing

Oct. 18, 2023

Oct. 18, 2023

Case Details