Kessler/Parrott UTR Lawsuit

CLERKS OFFICE U.S. DIST. COURT
AT CHARLOTTESVILLE, VA
FILED
08/12/2019

UNITED STATES DISTRICT COURT JULIA C. DUDLEY, CLERK
WESTERN DISTRICT OF VIRGINIA BY: /s/ J. JONES
DEPUTY CLERK
JASON KESSLER Case No.: 3:19-cv-00044

Judge Norman K. Moon
and
DAVID MATTHEW PARROTT COMPLAINT WITH

JURY DEMAND
Plaintiffs,
v.
CITY OF CHARLOTTESVILLE,
TARRON J. RICHARDSON, in his
official capacity, AL S. THOMAS in his
individual capacity, BECKY CRANNIS-CURL
in her individual capacity, MAURICE JONES
in his individual capacity.
Defendants.
This action was previously filed and was assigned case #3:18-cv-00107
PARTIES
1. Plaintiff Jason Kessler LV a resident of the state of 0DU\ODQG
2. 3ODLQWLIIDavid Matthew Parrott is a resident of the state of Indiana.
3. Defendant City of Charlottesville is a municipality located in the
Commonwealth of Virginia. It is sued via a Monell claim due to the misconduct of its
City Manager. As a matter of Virginia law, Charlottesville’s City Manager is its final
policy maker.
4. Defendant Tarron J. Richardson is the current City manager of
Charlottesville VA. He is sued in his official capacity due to the misconduct of his
predecessor in office, Defendant Maurice Jones.
5. Defendant Al Thomas was the Chief of Police of Charlottesville VA,
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Case 3:19-cv-00044-NKM Document 1 Filed 08/12/19 Page 1 of 19 Pageid#: 1

during all relevant times. He is sued in his individual capacity.
6. Defendant Becky Crannis-Curl is a Virginia State Trooper (“VSP”) holding
the rank of Lieutenant at all relevant times. She is sued in her individual capacity.
7. Defendant Maurice Jones was the City Manager of Charlottesville VA
during all relevant times. He is sued in his individual capacity.
NATURE OF ACTION
8. This action is filed by Plaintiffs Jason Kessler and David Matthew Parrott
against Defendants for violation of their First Amendment rights by means of engaging in
and/or acquiescing in a hecklers veto during the “Unite the Right” rally in Charlottesville
VA on August 12, 2017.
9. Mr. Kessler wished to speak, hear others speak, and engage in expressive
political activity in opposition to a proposal by Charlottesville City Council to remove the
statue of Confederate General Robert E. Lee from the former Lee Park in Charlottesville and
planned to do so in Charlottesville August 12, 2017.
10. Mr. Parrott wished to engage in expressive political activity in support of
Mr. Kessler and to hear persons scheduled to speak at the event make their presentations and
planned to do so on August 12, 2017.
11. The Plaintiffs political message is generally referred to as “Alt-Right”.
12. Many consider Alt-Right political messaging to be offensive due to its liberal
use of racially and religiously offensive language.
13. A small portion of those who dislike Alt-Right political messaging are
known as “Alt-Left” or Antifa. So disturbed are the Antifa about Alt-Right politics that Antifa
makes it it’s explicit mission to deny Alt-Right persons the ability to speak in public places.
14. Antifa is explicit in its willingness to use violence to deny Alt-Right persons
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the right to speak in public.
15. Antifa uses phrases such as “by any means necessary” and “punch a Nazi”1
to communicate their intention to use, and approval of the use of, physical violence to impede
or prevent Alt-Right persons from engaging in speech on public property.
16. Defendants knew, and intended, that Antifa groups would come
Charlottesville on August 12, 2017 and, “by any means necessary”, stop or attempt to stop the
Plaintiffs from exercising their free speech rights.
17. Defendants planned to, and did, use the expected and foreseeable
confrontations between Antifa and Alt-Right to declare the Unite the Right rally to be an
“unlawful assembly” or to declare a “state of emergency”. Defendants did this purely due to
their objection to the content of Plaintiffs speech.
JURISDICTION AND VENUE
18. This Court has subject matter jurisdiction pursuant to 28 U.S.C § 1331,
1343, and 42 U.S.C. §1983.
19. Venue is proper in the Western District of Virginia, pursuant to 28
§U.S.C. 1391 because a substantial part of the events giving rise to these claims occurred in
this District.
FACTUAL ALLEGATIONS
On information and belief, Plaintiffs make the following factual allegations.
Antifa is a well-known and violent group of people with similar beliefs
who consistently and predictably engage in violent actions to suppress the free speech
rights of anyone Antifa deems XQworthy of a public platform.
22. Antifa uses violent rhetoric to rally its members and other sympathetic
persons to the cause of “smashing the patriarchy.” Antifa uses language such as “punch a
1 To Antifa/Alt-Left members, any Alt-Right person is considered a Nazi.
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Nazi”, “no platform for hate”, “by any means necessary” and other similar phrases to indicate
its intentions.
23. Antifa has repeatedly put its violent rhetoric into practice at Alt-Right or
even ordinary conservative political rallies and events.
24. On January 20th, 2017, during the presidential inauguration, Antifa members
rioted in downtown Washington D.C., leading to the arrest of at least 217 people. Six police
officers were injured in the riots. According to CNN, “… black-clad "Antifascist" protesters
smashed storefronts and bus stops, hammered out the windows of a limousine and eventually
launched rocks at a phalanx of police lined up in an eastbound crosswalk.” Antifa “attempted to
shut down entrances” to inaugural festivities2
25. On February 1st, 2017 prior to a planned speech by an Alt-Right speaker at the
University of California at Berkeley, Antifa members devastated the campus, causing
approximately $100,000 in damages. Black-clad protesters wearing masks threw fireworks and
rocks at police. Some even hurled Molotov cocktails that ignited fires. They also smashed
windows of the student union center on the Berkeley campus where political speech was to be
held. At least six people were injured. The violent protesters tore down metal barriers, set fires
near the campus bookstore and damaged the construction site of a new dorm. One woman
wearing a red Trump hat was pepper sprayed in the face while being interviewed by CNN
affiliate KGO.3
26. On March 4th, 2017 in Berkeley, California, a pro-Trump march was violently
disrupted by Antifa rioters. Berkeley Police Officer Byron White said 10 arrests were made: one
for resisting arrest, four for assault with a deadly weapon, including a dagger, and five for
battery. Other items, such as bricks and baseball bats, were confiscated as well.4
2 https://www.cnn.com/2017/01/19/politics/trump-inauguration-protests-womens-march/index.html
3 https://www.cnn.com/2017/02/01/us/milo-yiannopoulos-berkeley/index.html
4 https://www.washingtonpost.com/news/post-nation/wp/2017/03/05/pro-trump-rally-in-berkeley-turns-
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27. Antifa showed up to and violently disrupted other events they
deemed unworthy of public space prior to August 12, 2017 including, but not limited to,
May 1, 2017 in Portland OR5, and July 8, 2017 in Charlottesville VA.6 More than twenty
Antifa were arrested in Charlottesville, four on felony charges. Charlottesville police Lt.
Durrette reported that Antifa threw tomatoes and water bottles, and spit on police officers.7
28. Lt. Durrette also observed “Thank God we parked (the people being
assaulted by Antifa) in the (parking) garage or else we probably would have had to shoot
someone” to get the non-Antifa persons out safely. 8
29. After the July 8, 2017 event in Charlottesville defendant Al Thomas stated
he was not going to protect rally participants from Antifa on August 12, 2017.9
30. Defendants were aware of Antifa’s violent history and tactics.
31. Defendants were aware numerous known Antifa groups would be in
Charlottesville for the specific purpose of imposing a heckler’s veto on the Plaintiff’s on
August 12, 2017.10
32. Defendant Al Thomas shared news of what Antifa could be expected to do
in Charlottesville on August 12, 2017 with then City Manager defendant Maurice Jones.11
33. In the months prior to August 12, 2017, Antifa internet threats reached a
fever pitch.
34. Video was posted to YouTube of Antifa members firing live ammunition at
targets painted with Alt-Right symbols.12
violent-as-protesters-clash-with-the-presidents-supporters/?utm_term=.7547bc18d0bd
5 http://www.npr.org/sections/thetwo-way/2017/05/02/526532023/portland-police-arrest-25-saying-a-may-day-
rally-devolved-into-riot
6 https://www.nbc29.com/story/35847760/4-facing-felony-charge-following-kkk-groups-justice-park-rally
7 Independent Review of the 2017 Protest Events in Charlottesville VA (“Heaphy Report”) at p. 57.
8 Id. at p. 54.
9 Id. at p. 64. Defendant Thomas stated “I’m not going to get them (Alt-Right persons) in and out again” in
specific reference to Plaintiffs August 12, 2017 Unite the Right Rally.
10 McAuliffe, Beyond Charlottesville; p. 64-65; Kindle Desktop version (2019).
11 August 7, 2017 email from Al Thomas to Maurice Jones with link to article of how Antifa attacked Alt-Right
persons in Portland OR in August 2017.

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35. Antifa group “Redneck Revolt” posted a “Call to Arms” to the internet. In it
they called for Antifa groups to come to the Unite the Right rally and “dust off the guns of
1921”, referring to an incident in 1921 where armed Communists murdered military and law
enforcement personnel.13
36. Antifa group “South Side ARA” encouraged their members to punch Alt
Right presenter and scheduled VSHDNHURichard Spencer.14
37. The Philly Antifa (AKA Philly ARA) website called for “direct confrontation”
and advised their supporters that offensive violence is “completely legal” because “the best
defense is a good offense”. They called for Plaintiff’s rally and other similar rallies to be shut
down and their political opponents to be “completely neutralized on the streets”.15
38. Referencing, among others, Plaintiff Jason Kessler, Showing Up for Racial
Justice Charlottesville urged their supporters to, ““Know a Nazi, see a Nazi, punch a Nazi.”16
39. Antifa of the Seven Hills published an image with the names of Alt-Right
speakers Jason Kessler, Richard Spencer, Matthew Heimbach and Nathan Damigo with an
incitement to “Destroy white supremecy (sic) and its actors.”17
40. Other Antifa violent rhetoric threatening Plaintiffs rally includes, but is not
limited to, “take up their space and disrupt their rally”18, break Richard Spencer’s arm19,
“Punch a Nazi” and “Kill your local Nazi scum”20, “Trump supporters will get that ass
whipped”21, and “Gulag all Trump supporters”.22
12 https://www.youtube.com/watch?v=CywFbSdMVx0
13https://www.redneckrevolt.org/single-post/CALL-TO-ARMS-FOR-CHARLOTTESVILLE
14 https://twitter.com/Chicago_ARA/status/866140378575011841
15 https://web.archive.org/web/20170817041157/https://phillyantifa.org/frequently-asked-questions-suggested-
readingsvideos-start-here/
16 https://web.archive.org/web/20190501185721/https://twitter.com/SURJ_Cville/status/864527150375993346
17 https://twitter.com/ash_Antifa/status/895661737793519616
18 https://www.facebook.com/al.shiflett/posts/10155019884633155
19 https://www.facebook.com/RefuseFascism/posts/1731016153859060
20https://www.instagram.com/p/BbqYfXQjFT0/
21 https://web.archive.org/web/20190502230059/https:/twitter.com/corey_lemley/status/736358087368400897
22 https://web.archive.org/web/20190502230728/https://twitter.com/corey_lemley/status/911649260629786624
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41. Prior to August 12, 2017 Defendants were briefed by regional law
enforcement on what Antifa groups were expected to show up in Charlottesville on August
12, 2017. At least six known Antifa organizations were identified by law enforcement as
planning to be in Charlottesville on August 12, 2017. At least two of the groups were
headquartered in or geographically affiliated with Charlottesville.
42. Prior to August 12, 2017 Defendants had received intelligence that Antifa
would be in attendance and planning to engage in violence by throwing soda cans filled with
concrete.23
43. At the actual “Unite the Right” (“UTR”) event on August 12, 2017 Chief
Thomas and Lt. Crannis-Curl were present in a supervisory capacity. Chief Thomas
supervised all Charlottesville police officers on scene and Lt. Crannis-Curl supervised all VSP
present.
44. Chief Thomas ordered Charlottesville police not to intervene at the Unite
the Right Rally and to allow Antifa to impose a heckler’s veto on Plaintiffs political speech.
45. On July 8, 2017 the Charlottesville police had done their jobs and
separated political speakers from violent Antifa. On July 8, 2017 Charlottesville police did
their jobs and prevented a heckler’s veto. They were thanked by being assaulted and spit on
by Antifa.
46. After July 8, 2017, Chief Thomas made it very clear his police would not be
permitted to do their jobs and prevent Antifa from imposing a heckler’s veto on August 12,
2017.
47. After July 8, 2017 Chief Thomas told his subordinates ““I’m not
going to get [Alt-Right] in and out” during the UTR rally. Chief Thomas’ meaning was clear.
He would not permit his police officers to prevent Antifa from violently imposing a heckler’s
23 Heaphy Report p.187

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veto again.
48. A third-party report commissioned by the City after August 12 found that
“Rather than engage the crowd and prevent fights, the [Charlottesville police department]
plan was to declare the event unlawful and disperse the crowd.”24
49. Charlottesville police officers received the orders implementing Defendants
unlawful scheme loud and clear.
50. Charlottesville Officers told third party investigators that they had been
ordered not to engage over “every little thing”; not to “go in and break up fights”; not to
interrupt “mutual combat”; and officers were not to be sent out among the crowd where
they might get hurt.25
51. During the August 12, 2017 event, Chief Thomas stuck with the unlawful
plan to permit a heckler’s veto. Upon being advised that violence had broken out the Chief
stated “Let them fight, it will make it easier to declare an unlawful assembly.” 26
52. Charlottesville police did indeed, and pursuant to Defendants unlawful
orders, “let them fight”.
53. Tom Keenan of Antifa group Philly ARA sprayed mace at Alt-Right
protesters.27 Tom Massey of Philly ARA indiscriminately sprayed mace into a crowd of Alt-
Right protesters28 and beat Alt-Right demonstrators with canes on several different
occasions.29
54. Keenan and Massey later distinguished themselves by assaulting Hispanic
Marines in Philadelphia while calling the Marines “spic” and “wetback”.30 They currently face

25 Heaphy Report p. 98
27 https://www.youtube.com/watch?v=xsHWU-hCEDI
28 https://www.youtube.com/watch?v=MtpVu-UBc5Y
29 https://www.youtube.com/watch?v=k1L974le73k; https://www.youtube.com/watch?v=7xxKh7I_PGA
30 https://www.phillymag.com/news/2018/12/13/marines-assaulted-philadelphia-keenan-massey-antifa/
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felony charges in Pennsylvania.
55. Don Gathers, co-founder of Black Lives Matter Charlottesville, bludgeoned
an Alt-Right demonstrator using a stick,31 Daryle Lamont Jenkins slapped an Alt-Right
demonstrator,32 Corey Lemley attacked a man with an Antifa themed baseball bat,33 and
Alexandra Shiflett threw bricks and bottles at demonstrators.34
56. Antifa group Refuse Fascism demonstrators used picket signs to hit AltRight
attendees on Market StUHHW outside Emancipation Park.35 Brent Betterly of Antifa group South
Side ARA released mace into a crowd of people and later hit an Alt-Right demonstrator with a
metal pipe.36
57. In one incident, captured on video, a citizen was knocked to the ground
with a sucker punch by Brian Bozicek of Philly ARA. Once on the ground he was smothered
and punched by Kristopher Goad from Antifa of the Seven Hills, kicked in the head by Tom
Massey of Philly ARA and clubbed in the head with an expandable asp baton by Lindsey
Moers, also Philly ARA.37
58. Luis Oyola of Antifa group Anarchist People of Color stated “(Antifa) were
successful in drawing (Alt-Right demonstrators) away from the park. And, um, make them
more vulnerable. As that happened many people were in the line of fire of projectiles, of
pepper spray, of tear gas, and a lot of people were hurt and beaten on both sides."38
59. At one point a citizen begged police to do something while fighting broke
out directly in front of Charlottesville police officers. The fighting had started when Antifa
31 https://www.youtube.com/watch?v=sP8KO9ZsZpA
32 https://www.youtube.com/watch?v=Vj9BWu6Qdps
33 https://www.facebook.com/watch/?v=1419096424792391
34 https://youtu.be/3-KOUxTIdUE
35 https://youtu.be/77AuzljnQB4
36 Betterly images attached
37 https://www.youtube.com/watch?v=j6iQGoE2ynE
38 https://web.archive.org/web/20190718075500/https://crimethinc.com/podcasts/the-ex-
worker/episodes/56/transcript
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crowded around a park entrance and refused Alt-Right attendees’ access to the rally location.
The officers simply stood in silence staring at the results of this in progress heckler’s veto.
60. After the August 12th events, Charlottesville police stated they feared
“retaliation” from Chief Thomas if they provided truthful information about August .39
61. Defendant Maurice Jones was the City 0anager for Charlottesville VA at all
relevant times and as such was Charlottesville’s final policy maker. Maurice Jones
communicated with Al Thomas, specifically about Antifa, prior to August 12, 2017. Maurice
Jones knew of and approved of Al Thomas’ orders that his police not prevent Antifa from
violently imposing a heckler’s veto on the Alt-Right on August 12, 2017.
62. Maurice Jones was present in the government “command center” together
with Chief Thomas and several others on August 12. Maurice Jones heard Al Thomas say
“let them fight it will make it easier to declare an unlawful assembly.”
63. Maurice Jones did not order Chief Thomas to abandon his unlawful scheme
and prevent Antifa from violently imposing a heckler’s veto. Maurice Jones did not fire Al
Thomas so real police officers could do their jobs. Maurice Jones agreed with and authorized
Al Thomas’ plan to permit the heckler’s veto and did so both before and during August 12th.
Maurice Jones acquiesced in Al Thomas’s plan to permit the heckler’s veto before and during
August 12, 2017.
64. Defendant Becky Crannis-Curl allowed the heckler’s veto as soon as people
began arriving for the UTR event. She advised fellow law enforcement that she was going
“off-plan” and refused to send Virginia State Police (“VSP”) “arrest teams” into the street.40
65. Lt. Crannis-Curl effectively communicated this order to all VSP under her
command.
39 Heaphy Report p. 14.

40 Heaphy Report p.121.
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66. Other VSP troopers advised Charlottesville police that they would not
send VSP troopers to engage the crowd “if safety was compromised.” Still other VSP
officers advised either citizens or City police they were “under orders” not to intervene or
“not to break up fights.”41
67. So strictly did VSP adhere to this non-intervention order that even when
citizens directly begged for help the VSP refused stating they were “not available” to help.42
68. Both Charlottesville and VSP officers were under similar, if not identical,
orders to permit the Antifa to violently impose a heckler’s veto upon the Plaintiffs.
69. On August 12. While Antifa was actively and violently imposing a heckler’s
veto upon the Plaintiffs, a woman approached a police barricade and got Charlottesville
Officer Ernest Johnston’s attention. She asked, “Are you going to engage the crowd at all?”
“Not unless I get a command to,” Officer Johnson responded. “Even if there are people
physically hurting one another?” she asked. “If I’m given the command to act, yes ma’am, I
will.” She repeated her question, and he gave the same answer: he would engage if and when
he was commanded to do so.43
70. A man who witnessed the heckler’s veto in progress asked VSP troopers
why they weren’t doing anything to restore order. The trooper replied, “Our policy today is
that we cannot get involved in every skirmish, and we are here to protect the public’s safety.”
The man was incredulous that VSP would allow the fights to go on, but the trooper
reiterated, “That is our policy.”44
71. On August 12 , 2017 Antifa assembled on Market Street between 1st and 2d
Streets in Charlottesville. Market Street were the only entrances to the park not blocked by
law enforcement.

44 Heaphy Report p. 132.
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72. Plaintiff Jason Kessler attempted to enter from the so-called backside of the
park at Jefferson and 2nd Street. He believed that is where he was supposed to enter
pursuant to instructions from police. He was prevented from doing so by VSP barricades
which the troopers refused to move. Mr. Kessler advised the troopers he was the event
organizer and permit holder, but they still did not let him enter the park. Rather, he was told
he had to enter by walking past Antifa on Market Street.
73. Mr. Kessler walked toward Market Street and saw the skirmishes between
Alt-Right trying to enter the park and Antifa trying to impose a heckler’s veto.
Mr. Kessler was able to negotiate his way through the crowd and enter the
park.
Once in the park Mr. Kessler approached the speaker’s area of the park
which was also blockaded by VSP. VSP advised he could not enter the speaker’s area to
prepare for his rally until Charlottesville police said he could. No Charlottesville police were
available in that area to consult.
76. Shortly thereafter law enforcement declared an “unlawful assembly” and all
persons were ordered to leave the park. Mr. Kessler protested that he had a permit and
should be allowed to stay. Plaintiff Kessler was again ordered out of the park. He complied,
told as many Alt-Right supporters as he could to leave the park and proceed to a nearby
location, and left without incident.
77. Plaintiff David Matthew Parrott walked up Market Street with a group of
alts-right event supporters. Mr. Parrott attempted to communicate with several officers after
entering the park regarding the Antifa violence. None were cooperative. Mr. Parrott, was
entirely surrounded by violent antifa and the Charlottesville Police Department would not
cooperate to halt or attempt to halt the ongoing Antifa violent heckler’s veto. Mr. Parrott
focused on medical aid to the dozens of injured Alt-Right attendees while in the park,
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HQFRXUDJHGSHRSOHto refrain from violence and maintain Dsecure perimeter around the
event. When the "unlawful assembly" was declared, Mr. Parrott walked up to the
Confederate statue on the hill to achieve a better vantage point for planning his group's exit
from the park. While attempting to do so, Mr. Parrott was arrested, detained, and
transported to the jail, which was located adjacent to his parking garage.
78. Plaintiff Jason Kessler had a lawful permit to hold the Unite the Right Rally
at the former Lee Park in Charlottesville on August 12, 2017. Plaintiffs First Amendment
right to free speech was violated by a violent Antifa led heckler’s veto. Plaintiff Kessler was
prevented from speaking, hearing other speakers, and demonstrating in support of his
political opinions. Defendants knew Antifa would appear and attempt to shut down the Unite
the Right rally. Defendants illegally permitted the heckler’s veto and then used the chaos
caused by Antifa to shut down Plaintiffs rally. Defendants engaged in the misconduct listed
above due to public hostility to the content of Plaintiffs speech.
79. Plaintiff David Matthew Parrott had a legal right to attend and participate in
the Unite the Right Rally at the former Lee Park in Charlottesville on August 12, 2017.
Plaintiffs First Amendment right to free speech was violated by a violent Antifa led
heckler’s veto. Plaintiff Parrott was prevented from speaking, hearing other speakers, and
demonstrating in support of his political opinions. Defendants knew Antifa would appear
and attempt to shut down the Unite the Right rally. Defendants illegally permitted the
heckler’s veto and then used the chaos caused by Antifa to shut down Plaintiffs rally.
Defendants engaged in the misconduct listed above due to public hostility to the content of
Plaintiffs speech.
80. After the unlawful assembly declaration South Side ARA took to social
media to celebrate spraying a Unite the Right speaker with mace and bragged about “the
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beating we dealt them with our bare hands in the street.”45
81. Antifa protestor Corey Lemley posted a picture of a Unite the Right
demonstrator being punched in the face along with the violent commentary, “Open those
eyes when you catch these hands.”46
82. At a symposium on the Unite the Right rally, Black Lives Matter
Charlottesville co-founder Jalane Schmidt bragged, " Well we’re trying to chase those folks
out. That’s what we’re about."47
83. Redneck Revolt leader Dwayne Dixon boasted about his role on August 12th
as, “…physically fighting: kicking, striking, bloodying, cracking heads. I mean bloody, ugly
things that I would never wish but we need people with this moral clarity and
determination."48
COUNT I
First Amendment – Heckler’s Veto
(Against Al S. Thomas)
84. The preceding paragraphs are incorporated herein by reference.
85. Defendant Thomas ordered Charlottesville police officers to allow Antifa to
impose a heckler’s veto upon the Plaintiff.
86. Defendant Thomas’s misconduct was taken under color
of state law and was willful, wanton, malicious, and/or deliberately indifferent to the
constitutional rights of the Plaintiffs.
87. As a direct and proximate result of Defendant’s violation of the Plaintiff’s First
Amendment rights, Plaintiffs have suffered irreparable harm, including the loss of their
45https://web.archive.org/web/20190423193625/https:/twitter.com/Chicago_ARA/status/896902376791191553
46 https://www.facebook.com/corey.lemley1012/posts/133884094369020
47 https://www.soundcloud.com/user-458357165/faith-in-the-struggle-a-panel-on-christianity-and-white-
supremacy-in-charlottesville
48 https://www.youtube.com/watch?v=U0dgg9dXLm0&feature=player_embedded
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fundamental constitutional rights to First Amendment freedom of speech and expression and
right to be free of a heckler’s veto.
88. Defendant Thomas is liable to the Plaintiffs pursuant to 42 U.S.C. § 1983.
COUNT II
(Against Becky Crannis-Curl)
90. Defendant Crannis-Curl ordered Virginia State Troopers to allow Antifa to
impose a heckler’s veto upon the Plaintiff.
91. Defendant Crannis-Curl’s misconduct was taken under color
constitutional rights of the plaintiffs.
93. Defendant Crannis-Curl is liable to the Plaintiffs pursuant to 42 U.S.C. § 1983.
COUNT III
(Against Maurice Jones)
95. Defendant Jones ordered and/or acquiesced in and/or approved Defendant
Al Thomas’s plan to allow Antifa to impose a heckler’s veto on the Plaintiffs Unite the Right
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rally and then use the resulting chaos as an excuse to declare an unlawful assembly.
96. Defendant Jones’s misconduct was taken under color
98. Defendant Jones is liable to the Plaintiffs pursuant to 42 U.S.C. § 1983.
COUNT IV
Monell Claim
(Against City of Charlottesville)
100. Defendant Maurice Jones was the City Manager of Charlottesville, VA at all
relevant times.
101. As a matter of state law Maurice Jones was the final policymaker for
Charlottesville VA at all relevant times and set policy for the Charlottesville UHJDUGLQJ the
relevant events.
102. The City of Charlottesville VA is therefore liable for Maurice Jones’s
misconduct as described above.
103. Defendant Jones’s misconduct was taken under color
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105. The City of Charlottesville is liable to the Plaintiffs pursuant to 42 U.S.C. §
1983 and Monell v. Department of Social Services, 436 U.S. 658 (1978).
COUNT V
Supervisory Liability
(Against Al S. Thomas)
107. Defendant Thomas was supervising all Charlottesville police officers at all
relevant times.
108. Defendant Thomas affirmatively caused the Charlottesville police to fail in
their duty to not participate in, cause, or acquiesce in Antifa’s heckler’s veto of the Plaintiffs.
109. Defendant Thomas omitted to perform his duty of not allowing Antifa to
impose a heckler’s veto on the Plaintiff’s event.
110. Defendant Thomas’s misconduct was taken under color of state law and was
willful, wanton, malicious, and/or deliberately indifferent to the constitutional rights of the
plaintiffs.
112. Defendant Thomas is liable to the Plaintiffs pursuant to 42 U.S.C. § 1983.
COUNT VI
Supervisory Liability
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(Against Becky Crannis-Curl)
114. Defendant Crannis-Curl was supervising all Virginia State Troopers at all
relevant times.
115. Defendant Crannis-Curl affirmatively caused the Virginia State Troopers to fail
in their duty to not participate in, cause, or acquiesce in Antifa’s heckler’s veto of the
Plaintiffs.
116. Defendant Crannis-Curl omitted to perform her duty of not allowing Antifa to
impose a heckler’s veto on the Plaintiff’s event.
117. Defendant Crannis-Curl’s misconduct was taken under color of state law and
Was willful, wanton, malicious, and/or deliberately indifferent to the constitutional rights of
the plaintiffs.
119. Defendant Crannis-Curl is liable to the Plaintiffs pursuant to 42 U.S.C. § 1983.
WHEREFORE, Plaintiffs demand judgment against the Defendants as follows:

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JS 44 (Rev. 06/17) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS

Jason Kessler City of Charlottesville
(b) County of Residence of First Listed Plaintiff Prince George County County of Residence of First Listed Defendant Albemarle
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Elmer Woodard 5661 US HWY 29 Blairs VA 434-878-3422
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4
of Business In This State
u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5 u 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a u 3 u 3 Foreign Nation u 6 u 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 625 Drug Related Seizure u 422 Appeal 28 USC 158 u 375 False Claims Act
u 120 Marine u 310 Airplane u 365 Personal Injury - of Property 21 USC 881 u 423 Withdrawal u 376 Qui Tam (31 USC
u 130 Miller Act u 315 Airplane Product Product Liability u 690 Other 28 USC 157 3729(a))
u 140 Negotiable Instrument Liability u 367 Health Care/ u 400 State Reapportionment
u 150 Recovery of Overpayment u 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS u 410 Antitrust
& Enforcement of Judgment Slander Personal Injury u 820 Copyrights u 430 Banks and Banking
u 151 Medicare Act u 330 Federal Employers’ Product Liability u 830 Patent u 450 Commerce
u 152 Recovery of Defaulted Liability u 368 Asbestos Personal u 835 Patent - Abbreviated u 460 Deportation
Student Loans u 340 Marine Injury Product New Drug Application u 470 Racketeer Influenced and
(Excludes Veterans) u 345 Marine Product Liability u 840 Trademark Corrupt Organizations
u 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY u 480 Consumer Credit
of Veteran’s Benefits u 350 Motor Vehicle u 370 Other Fraud u 710 Fair Labor Standards u 861 HIA (1395ff) u 490 Cable/Sat TV
u 160 Stockholders’ Suits u 355 Motor Vehicle u 371 Truth in Lending Act u 862 Black Lung (923) u 850 Securities/Commodities/
u 190 Other Contract Product Liability u 380 Other Personal u 720 Labor/Management u 863 DIWC/DIWW (405(g)) Exchange
u 195 Contract Product Liability u 360 Other Personal Property Damage Relations u 864 SSID Title XVI u 890 Other Statutory Actions
u 196 Franchise Injury u 385 Property Damage u 740 Railway Labor Act u 865 RSI (405(g)) u 891 Agricultural Acts
u 362 Personal Injury - Product Liability u 751 Family and Medical u 893 Environmental Matters
Medical Malpractice Leave Act u 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 790 Other Labor Litigation FEDERAL TAX SUITS Act
u 210 Land Condemnation u 440 Other Civil Rights Habeas Corpus: u 791 Employee Retirement u 870 Taxes (U.S. Plaintiff u 896 Arbitration
u 220 Foreclosure u 441 Voting u 463 Alien Detainee Income Security Act or Defendant) u 899 Administrative Procedure
u 230 Rent Lease & Ejectment u 442 Employment u 510 Motions to Vacate u 871 IRS—Third Party Act/Review or Appeal of
u 240 Torts to Land u 443 Housing/ Sentence 26 USC 7609 Agency Decision
u 245 Tort Product Liability Accommodations u 530 General u 950 Constitutionality of
u 290 All Other Real Property u 445 Amer. w/Disabilities - u 535 Death Penalty IMMIGRATION State Statutes
Employment Other: u 462 Naturalization Application
u 446 Amer. w/Disabilities - u 540 Mandamus & Other u 465 Other Immigration
Other u 550 Civil Rights Actions
u 448 Education u 555 Prison Condition
u 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
u 1 Original u 2 Removed from u 3 Remanded from u 4 Reinstated or u 5 Transferred from u 6 Multidistrict u 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
42 USC 1983
VI. CAUSE OF ACTION Brief description of cause:
Heckler's Veto; Monell; supervisory liability
VII. REQUESTED IN u CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: u Yes u No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE Moon DOCKET NUMBER 3:17cv72; 3:18cv107
DATE SIGNATURE OF ATTORNEY OF RECORD
08/12/2019 s/ Elmer Woodard
FOR OFFICE USE ONLY
RECEIPT # AMOUNT
Case 3:19-cv-00044-NKM APPLYING IFP 1-1 Filed 08/12/19
Document JUDGE Page 1 of 2MAG. JUDGE
Pageid#: 20
JS 44 Reverse (Rev. 06/17)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.
V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
Case 3:19-cv-00044-NKM Document 1-1 Filed 08/12/19 Page 2 of 2 Pageid#: 21

Kessler/Parrott UTR Lawsuit

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Kessler/Parrott UTR Lawsuit

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JASON KESSLER Case No.: 3:19-cv-00044

DAVID MATTHEW PARROTT COMPLAINT WITH

1. Plaintiff Jason Kessler LV a resident of the state of 0DU\ODQG

2. 3ODLQWLIIDavid Matthew Parrott is a resident of the state of Indiana.

3. Defendant City of Charlottesville is a municipality located in the

4. Defendant Tarron J. Richardson is the current City manager of

predecessor in office, Defendant Maurice Jones.

5. Defendant Al Thomas was the Chief of Police of Charlottesville VA,

Case 3:19-cv-00044-NKM Document 1 Filed 08/12/19 Page 1 of 19 Pageid#: 1

6. Defendant Becky Crannis-Curl is a Virginia State Trooper (“VSP”) holding

7. Defendant Maurice Jones was the City Manager of Charlottesville VA

during all relevant times. He is sued in his individual capacity.

VA on August 12, 2017.

political activity in opposition to a proposal by Charlottesville City Council to remove the

planned to do so in Charlottesville August 12, 2017.

10. Mr. Parrott wished to engage in expressive political activity in support of

planned to do so on August 12, 2017.

11. The Plaintiffs political message is generally referred to as “Alt-Right”.

use of racially and religiously offensive language.

Case 3:19-cv-00044-NKM Document 1 Filed 08/12/19 Page 2 of 19 Pageid#: 2

or prevent Alt-Right persons from engaging in speech on public property.

Plaintiffs from exercising their free speech rights.

their objection to the content of Plaintiffs speech.

JURISDICTION AND VENUE

1343, and 42 U.S.C. §1983.

19. Venue is proper in the Western District of Virginia, pursuant to 28

rights of anyone Antifa deems XQworthy of a public platform.

Case 3:19-cv-00044-NKM Document 1 Filed 08/12/19 Page 3 of 19 Pageid#: 3

even ordinary conservative political rallies and events.

launched rocks at a phalanx of police lined up in an eastbound crosswalk.” Antifa “attempted to

shut down entrances” to inaugural festivities2

University of California at Berkeley, Antifa members devastated the campus, causing

Case 3:19-cv-00044-NKM Document 1 Filed 08/12/19 Page 4 of 19 Pageid#: 4

27. Antifa showed up to and violently disrupted other events they

someone” to get the non-Antifa persons out safely. 8

30. Defendants were aware of Antifa’s violent history and tactics.

31. Defendants were aware numerous known Antifa groups would be in

August 12, 2017.10

32. Defendant Al Thomas shared news of what Antifa could be expected to do

targets painted with Alt-Right symbols.12

persons in Portland OR in August 2017.

Case 3:19-cv-00044-NKM Document 1 Filed 08/12/19 Page 5 of 19 Pageid#: 5

Right presenter and scheduled VSHDNHURichard Spencer.14

down and their political opponents to be “completely neutralized on the streets”.15

incitement to “Destroy white supremecy (sic) and its actors.”17

whipped”21, and “Gulag all Trump supporters”.22

Case 3:19-cv-00044-NKM Document 1 Filed 08/12/19 Page 6 of 19 Pageid#: 6

enforcement on what Antifa groups were expected to show up in Charlottesville on August

headquartered in or geographically affiliated with Charlottesville.

23 Heaphy Report p.187

Case 3:19-cv-00044-NKM Document 1 Filed 08/12/19 Page 7 of 19 Pageid#: 7

49. Charlottesville police officers received the orders implementing Defendants

unlawful scheme loud and clear.

they might get hurt.25

52. Charlottesville police did indeed, and pursuant to Defendants unlawful

orders, “let them fight”.

54. Keenan and Massey later distinguished themselves by assaulting Hispanic

24 Heaphy Report p.98

Case 3:19-cv-00044-NKM Document 1 Filed 08/12/19 Page 8 of 19 Pageid#: 8

55. Don Gathers, co-founder of Black Lives Matter Charlottesville, bludgeoned

an Alt-Right demonstrator using a stick,31 Daryle Lamont Jenkins slapped an Alt-Right

Alexandra Shiflett threw bricks and bottles at demonstrators.34

Moers, also Philly ARA.37

Case 3:19-cv-00044-NKM Document 1 Filed 08/12/19 Page 9 of 19 Pageid#: 9