VIRGINIA:

IN THE CIRCUIT COURT FOR THE CITY OF CHARLOTTESVILLE

TADRIN WASHINGTON and
MICAH WASHINGTON

Plaintiffs

V.

James Alex Fields Jr., Jason Kessler, Richard
Spencer, Mike Peinovich, Michael Hill, Matthew
Heimbach, Traditionalist Worker Party, the
League of the South, Vanguard America, the
National Socialist Movement (N SM), The
Nationalist Front, National Policy Institute, the
Proud Boys, David Duke, Council of Conservative
Citizens, AltRight.com, Augustus Invictus, Pax
Dickinson, Christopher Cantwell, Andrew Anglin,
The Daily Stormer, Identity Dixie, Identity
Europa, Nathan Damigo, Red Elephants, American
Renaissance, American Freedom Keepers, The
Light Foot Militia, John Doe 1-1000,

Jane Doe 1?1000,

Defendants

 



COMPLAINT

Case No. 6L qua.

Jury Trial Demanded

COME NOW the Plaintiffs Tadrint Washington and Micah Washington and move for

judgment against the above-captioned Defendants jointly and severally, on the grounds and in the

amount as hereinafter set forth:

 

1. This Court has subject matter jurisdiction over this action pursuant to Va. Code 
17.1-513.
FILED .
_9 i6 [2m ?1 @110?
Date Time)

City of Chariottesvilie
Circ Court Clerk' 5; Office
zel . er Clerk

  

2. The proper venue for this case lies in the City of Charlottesville. Plaintiffs are
residents of Charlottesville and suffered their injuries in Charlottesville as a result of Defendants?
vile behavior which occurred in Charlottesville, Virginia.

PARTIES
Plaintiffs

3. Plaintiff Tadrint Washington is a resident of the Commonwealth of Virginia.
Tadrint Washington was injured both physically and emotionally when James Alex Fields, Jr.
rammed his car into a crowd of people and into the vehicle she was driving

4. Plaintiff Micah Washington is a resident of the Commonwealth of Virginia. Micah
Washington is Tadrint Washington?s sister and was injured both physically and emotionally when
James Alex Fields, Jr. rammed his car into a crowd of people and into the vehicle in which she
was a passenger.

Defendants

5. James Alex Fields, (?Fields?) is a racist, Violent and hateful person who sought
to kill innocent people, including plaintiffs, in order to further a message of hate, intolerance and
to instill terror in and intimidate all those who oppose the Alt-right?s vision of a racist intolerant
society. At all relevant times, James Fields was a resident of Ohio.

6. Jason Kessler (?Kessler?) is a racist, violent and hateful person who conspired to
and did incite violence in the City of Charlottesville on August 12, 2017. Kessler has a history of
racism and violence and in furtherance of his vision for a racist and violent society he organized
the Unite the Right rally which occurred in Charlottesville on August 11-12, 2017 and which
caused Plaintiffs injuries. At all relevant times Jason Kessler was a Citizen of the Commonwealth

of Virginia and a member and agent of Defendant Vanguard America.

7. Richard Spencer (?Spencer?) is a racist violent and hateful person who conspired
to and did incite violence in the City of Charlottesville on August 12, 2017. Spencer has a history
of racism and violence and in furtherance of his vision for a racist and violent society he helped
organize and promote the Unite the Right rally which occurred in Charlottesville on August 11-
12, 2017 and which caused Plaintiffs injuries. At all relevant times Richard Spencer was a citizen
of the Commonwealth of Virginia.

8. Mike Peinovich, is a racist violent and hateful person who conspired to and did
incite violence in the City of Charlottesville on August 12, 2017. Peinovich has a history of racism
and in furtherance of his vision for a racist and violent society he helped organize and promote the
Unite the Right rally which occurred in Charlottesville on August 11-12, 2017 and which caused
Plaintiffs injuries. Peinovich runs the The Right Stuff podcast which promotes a violent and racist
ideology.1 At all relevant times Peinovich was a citizen of the State of New York.

9. Michael Hill is a racist violent and hateful person who conspired to and did incite
violence the City of Charlottesville on August 12, 2017. Hill has a history of racism and in
furtherance of his vision for a racist and violent society he helped organize and promote the Unite
the Right rally which occurred in Charlottesville on August 11?12, 2017 and which caused
Plaintiffs? injuries. Hill is the found of the neo-confederate League of the South and one of the
three leaders of the National Front.

10. Matthew Heimbach, is a racist Violent and hateful person who conspired to and did
incite violence in the City of Charlottesville on August 12, 2017. Heimbach has a history of racism

and in furtherance of his vision for a racist and violent society he helped organize and promote the

 

Several organizations are active in tracking and opposing [Jmnestic Terror and [late groups and serve as an
important resource for this Complaint with respect to obtaining background information on Defendants. The
Southern Poverty Law Center is at the forefront of tracking these groups antl their website is 
Another important resource in Political Research Associates 

3

Unite the Right rally which occurred in Charlottesville on August 11?12, 2017 and which caused
Plaintiffs? injuries. Heirnbach heads the Traditionalist Worker Party and is a leader of the
Nationalist Front.

11. The Traditionalist Worker Party is a racist and violent organization that seeks to
promote a racist society and white ?ethno?state? and that conspired to and did incite violence in
the City of Charlottesville on August 12, 2017. The Traditionalist Worker Party helped organize
and promote the Unite the Right rally which occurred in Charlottesville on August 11?12, 2017
and which caused Plaintiffs? injuries.

12. The League of the South Party is a racist and violent organization that seeks to
repeat the Civil War by seceding from the United States and creating a white nationalist state. The
League of the South has its own paramilitary. The League of the South helped organize and
promote the Unite the Right rally which occurred in Charlottesville on August 11?12, 2017 and
which caused Plaintiffs? injuries; and conspired to and did incite violence in the City of
Charlottesville on August 12, 2017.

13. Vanguard America is a racist and violent organization that seeks to revive the Nazi
state. Vanguard America helped organize and promote the Unite the Right rally which occurred
in Charlottesville on August 11?12, 2017 and which caused Plaintiffs? injuries; and conspired to
and did incite violence in the City of Charlottesville on August 12, 2017.

14. The National Socialist Movement is a racist and violent organization that seeks to
revive the Nazi state. The National Socialist Movement helped organize and promote the Unite
the Right rally which occurred in Charlottesville on August 11?12, 2017 and which caused

Plaintiffs? injuries; and conspired to and did incite violence in the City of Charlottesville on August

12, 2017.

15. The Nationalist Front is a racist and violent umbrella organization consisting of
neo?Nazi, fascist groups, and the Ku Klux Klan. The Nationalist Front helped organize and
promote the Unite the Right rally which occurred in Charlottesville on August 11?12, 2017 and
which caused Plaintiffs? injuries; and conspired to and did incite violence in the City of
Charlottesville on August 12, 2017.

16. The National Policy Institute, is a racist and violent organization that seeks to
promote a White Supremacist state. The National Policy Insitute helped organize and promote the
Unite the Right rally which occurred in Charlottesville on August 11-12, 2017 and which caused
Plaintiffs? injuries; and conspired to and did incite violence in the City of Charlottesville on August
12, 2017.

17. The Proud Boys is a racist and violent organization which counts Jason Kessler
among its members. In order to advance Within the group, its members must violently attack
counter?protesters. The Proud Boys have formed their own military division called the Fraternal
Order of Alt-Knights and helped organize and promote the Unite the Right rally which occurred
in Charlottesville on August 11-12, 2017 and which caused Plaintiffs? injuries; and conspired to
and did incite Violence in the City of Charlottesville on August 12, 2017.

18. David Duke is a racist, hateful and violent person. He is the former Grand Wizard
of the Ku Klux Klan and in furtherance of his vision for a racist and violent society he helped
organize and promote the Unite the Right rally which occurred in Charlottesville on August 11?
12, 2017 and which caused Plaintiffs? injuries; and conspired to and did incite violence in the City
of Charlottesville on August 12, 2017.

19. The Council of Conservative Citizens is a racist and Violent organization that seeks

to promote a White Supremacist state. The Council of Conservative Citizens is based in Missouri

and helped organize and promote the Unite the Right rally which occurred in Charlottesville on
August 11?12, 2017 and which caused Plaintiffs? injuries; and conSpired to and did incite violence
in the City of Charlottesville on August 12, 2017.

20. AltRight.com is a racist and Violent organization which promotes its vision of
hatred and white supremacism through its website. Altright.com helped organize and promote the
Unite the Right rally which occurred in Charlottesville on August 11-12, 2017 and which caused
Plaintiffs? injuries; and conspired to and did incite violence in the City of Charlottesville on August
12, 2017. Altright.com specifically stated ?People will talk about Charlottesville as a turning
point. There will be a before Charlottesville and an after Charlottesville. Will you stand up for
your history, your race and your way of life??

21; Augustus Invictus is a racist, hateful and Violent person and is the founder of the
Fraternal Order of Alt-Knights, the military wing of the Proud Boys created to Violently attack
counter?protestors. In furtherance of his vision for a racist and violent society he helped organize
and promote the Unite the Right rally which occurred in Charlottesville on August 11?12, 2017
and which caused Plaintiffs? injuries; and conspired to and did incite violence in the City of
Charlottesville on August 12, 2017.

22. Pair Dickinson is a racist, hateful and violent person. In furtherance of his vision
for a racist and violent society he helped organize and promote the Unite the Right rally which
occurred in Charlottesville on August 11-12, 2017 and which caused Plaintiffs? injuries; and
conspired to and did incite violence in the City of Charlottesville on August 12, 2017.

23. Christopher Cantwell is a racist, hateful and violent person. In furtherance of his
Vision for a racist and violent society he helped organize and promote the Unite the Right rally

which occurred in Charlottesville on August 11-12, 2017 and which caused Plaintiffs? injuries;

and COHSpired to and did incite Violence in the City of Charlottesville on August 12, 2017. He calls

for violence through such phrases as ?let?s fucking gas the kikes and have a race war.?

24. Andrew Anglin is a racist, hateful and violent person. Andrew Anglin is the
founder of the Daily Stormer, the most successful internet news site for Domestic Terrorists and
Racists. In furtherance of his vision for a racist and violent society he helped organize and promote
the Unite the Right rally which occurred in Charlottesville on August 11?12, 2017 and which

caused Plaintiffs? injuries; and conspired to and did incite violence in the City of Charlottesville

on August 12, 2017.

25. The Daily Stormer is a racist and violent organization which promotes its vision of
hatred and white supremacism through its website. Articles on the Daily Stormer make clear that
the intent of the Unite the Right Rally was to incite Violence against minorities and those who

believe in equal rights. As one article states: ?this will clearly be an earth-shaking day that will

go down in the history books. It can really only be explained as a perfect storm. That everything

has been leading up to this. That our time has come. It will be a monumental turning point in

the progression of our movement. Everything will be different afterwards. Next stop:

Charlottesville, VA. Final stop: Auschwitz.? The Daily Stormer further exposes the intent of the

organizers and attendees of the Unite The Right party by disparaging the deceased victim of the

terrorist attacked perpetrated by James Fields and facilitated by Defendants noting that it was ?glad

she was dead.? The Daily Stormer helped organize and promote the Unite the Right rally which

occurred in Charlottesville on August 11?12, 2017; and conspired to and did incite violence in the

City of Charlottesville on August 12, 2017.

26. Identity Dixie is a racist and violent organization which promotes its vision of

hatred and white supremacism through its website and podcasts. Identity Dixie helped organize

and promote the Unite the Right rally which occurred in Charlottesville on August 11?12, 2017;
and conspired to and did incite violence in the City of Charlottesville on August 12, 2017.

27. Identity Eerpa is a racist and violent organization. Identity Evropa helped
organize and promote the Unite the Right rally which occurred in Charlottesville on August 11?
12, 2017; and conspired to and did incite violence in the City of Charlottesville on August 12,
2017.

28. Nathan Damigo is a racist, hateful and violent person and is the leader of Identity
Evropa. In furtherance of his vision for a racist and violent society he helped organize and promote
the Unite the Right rally which occurred in Charlottesville on August 11?12, 2017 and which
caused Plaintiffs? injuries; and conspired to and did incite Violence in the City of Charlottesville
on August 12, 2017. As part of his promoting of the Unite the Right Rally he asked people to
?Join us, and push back against the cultural Marxists their war on Whites.?

29. The Red Elephants is a racist and violent Alt Right media platform. They promote
a violent do it yourself division on their media platforms. The Red Elephants helped organize and
promote the Unite the Right rally which occurred in Charlottesville on August 11?12, 2017; and
conspired to and did incite violence in the City of Charlottesville on August 12, 2017.

30. American Renaissance is a racist and violent organization which produces a racist
publication and hosts annual conferences. American Renaissance helped organize and promote the
Unite the Right rally which occurred in Charlottesville on August 11-12, 2017; and conspired to
and did incite violence in the City of Charlottesville on August 12, 2017.

31. The American Freedom Keepers is a racist and violent militia. The American

Freedom Keepers helped organize and promote the Unite the Right rally which occurred in

Charlottesville on August 11?12, 2017 and which caused Plaintiffs? injuries; and conspired to and
did incite violence in the City of Charlottesville on August 12, 2017.

32. The Light Foot Militia is a racist and violent militia. The
Light Foot Militia helped organize and promote the Unite the Right rally which
occurred in Charlottesville on August 11?12, 2017 and which caused Plaintiffs? injuries; and

conspired to and did incite Violence in the City of Charlottesville on August 12, 2017.
33. John Doe 1-1000 and Jane Doe 1?1000, are the thousands of racist, hateful and

violent people who organized, attended, incited violence and promoted the Unite the Right rally,

but whose identities are not known at this time.
FACTS

34. White supremacy groups have supported and committed violent acts to achieve its

political, ideological, religious and social goals for decades.

35. As noted by the Combating Terrorism Center at West Point the far right white

supremacy groups ?are interested in preserving or restoring what they perceive as the appropriate

and natural racial and cultural hierarchy, by enforcing social and political control over non-
Aryans/nonwhites such as African Americans, Jews, and various immigrant communities.?
36. In line with the movement?s ideology, the great majority of violent attacks

perpetrated by the racist groups are aimed against individuals or groups affiliated with a specific

minority ethnic group and those groups or individuals supportive of equal rights.

37. In a November 2012 Report, the Combating Terrorism Center at West Point noted

that with respect to America?s violent far?right movement:

Findings indicate that contentious and conservative political environments as well as the
political empowerment are positively associated with the volume of violence; thus. it is not
only feelings of deprivation that motivate lhose involved in far right violence, but also the

sense of empowerment that emerges when the political system is perceived to be
increasingly permissive to far right ideas.

38. Fatalities resulting from attacks by far right wing violent extremists have exceeded
those caused by radical Islamist violent extremists in 10 of the 15 years since September 11, 2001.
39. According to data from the U.S. Extremist Crime Database (ECDB) there have
been 85 attacks in the United States by violent extremists since September 11, 2001 resulting in
225 fatalities. Of these, 106 were killed by far right violent extremist in 62 separate incidents (73

percent).
Conflict Surrounding the Removal of the Robert E. Lee Statue From Charlottesville

40. Emancipation Park (formerly known as ?Lee Park?) is located one block from the
City of Charlottesville historic Downtown Mall, and is approximately one square block in size and
shape. Emancipation Park contains more than one acre and is typically devoted to passive
activities in the city.

41. Emancipation Park houses a statue of Robert E. Lee which has stood in the City of
Charlottesville since 1924.

42. Since at least 2012, residents and city officials of Charlottesville have called for the
removal of the statue.

43. In May 2016, the City Council of Charlottesville established a Special commission
to discuss the removal of the statue and other Confederate monuments. The Commission issued a
report recommending that the city either relocate the statue or including historical information
regarding the statue.

44. In February 2017, the City Council voted to remove the statue from the park. In

April 2017, the City Council voted to sell the statue through a process whereby the city would

10

receive bids from educational institutions, museums or non?profit organizations. The Monument
Fund, the Sons of Confederate Veterans and about a dozen private citizens sued the City and
Council over the decision. In early May, a Charlottesville judge put a partial injunction in place,
stating the Lee statue could not be moved for six months.

45. On May 13, 2017, Richard Spencer organized a demonstration in protest of the
removal of the statue where a group of white nationalists surrounded the statue while carrying
torches. Earlier that afternoon, Spencer led a rally in Charlottesville where he told supporters ?We
will never back down from the cowardly attacks on our people and our heritage. What brings us
together is that we are white. We are people. We will not be replaced!?

46. Defendant Kessler attended the nighttime torchlit march organized by Spencer. At
the event, Kessler declared the beginning of a ?cultural civil war? and was later arrested for using
a bullhorn to incite an already angry crowd, rife with racial tension.

47. Charlottesville Mayor Mike Singer issued a statement that the event ?was designed
to instill fear in our minority population in a way that hearkens back to the days of the 

48. On May 30, 2017, Kessler submitted an application to the City of Charlottesville to
hold a ?free speech rally in support of the Lee monument? in Lee Park on Saturday, August 12,
2017. Kessler estimated that there would be a total of 400 participants at the demonstration.

49. On July 8, 2017, a group of approximately 50 members of the Loyal White Knights
of the Ku Klux Klan marched in Charlottesville to protest the removal of the statue. The 
members wore robes and carried Confederate ?ags and loaded firearms while chanting ?white
power.? Police escorted the members through crowds of counter-protesters some of whom

were trying to stop the from entering the designated location for the demonstration.

ll

50. Charlottesville police declared the gathering of counter?protesters an ?unlawful
assembly? and released pepper spray and tear gas in order to disperse the crowd. Charlottesville
police arrested twenty-two people involved in the demonstration and counter-protest.

51. Following the march in Charlottesville and prior to the August 2017 rally
organized by Kessler, the Charlottesville Police Department and public safety personnel informed
Kessler that there were significant logistical and safety concerns with holding the rally in
Emancipation Park including the fact that law enforcement, fire and emergency medical services
personnelwould not be able to adequately protect attendees and the necessary road closures would
limit the access of emergency vehicles to the Rally.

52. According to intelligence collected by the Charlottesville Police Department there

would be at least 1,000 individuals which was confirmed by numerous scheduled speakers for the

Rally. The city had never seen a rally of that size.

53. Official Spokesperson of the Fraternal Order of Alt-Knights (FOAK) Trace Chiles
stated that expected 200 FOAK members and 75?100 ?Patriot Men? to attend the Rally. Chiles
indicated that FOAK members intended to carry firearms at the Rally.

54. Kessler refused the City of Charlottesville?s request to move the Rally to McIntire
Park which encompasses approximately 130 acres and has the lowest population density of any

section within the City limits.

55. Kessler named the August 12, 2017 demonstration the ?Unite the Right Rally.? The

official Facebook page for the Rally described the rally as follows:
56. This is an event which seeks to unify the right-wing against a totalitarian

Communist crackdown, to speak out against displacement level immigration policies in the United

12

States and Europe and to affirm the right of Southerners and white people to organize or their

interests just like any other group is able to do, free of persecution.

57. Many organizations, including the named Defendants, funded and sent
contingencies of their membership to engage in and assist with this display of hatred and
intolerance. They displayed their group?s signs and insignia, and some marched in organized

formation intended to mimic the Nazi rallies of 19303 Germany.

58. There was no doubt that violence was intended at this rally as The Daily Stormer,

a popular neo?Nazi website, encouraged rally attendees to bring shields, pepper spray, and fascist

?ags and ?agpoles. A prominent racist podcast told its listeners to come carrying guns. ?Bring

Whatever you need, that you feel you need for your self defense. Do what you need to do for

security of your own person,? said Mike ?Enoch? Peinovich on The Right Stuff podcast. And the

white supremacists who showed up in Charlottesville did indeed come prepared to engage in

Violent activities. Many wore helmets and carried clubs, medieval?looking round wooden shields,

and rectangular plexiglass shields, similar to those used by riot police.
5 9. The online community was rife with comments showing the intent of the Unite the

Right Organizers for violence. can assure you there will be beatings [at] the August event.

Gloves are off if they attack,? ?We have reinforcements coming. They?re bussing in people by

the hundreds. That day we finish them off;? ?If the war started today it would be over by

November. Why fight in the cold, let?s get it done now,? ?We?re luring in BLM, SURJ, and

Antifa from Baltimore, Philly, and DC. We?ll kill 5 birds with one stone;? ?Here we go folks.

This is official! We need your help. We will be facing off directly with Antifa, and Black Lives

Matter. All able bodied men and women ready to fight!? The Daily Stormer notes that ?Based

Stickman is going and as much as Ilike to watch him bash antifas heads in him and his group are

13

pretty prone to starting shit.? One Daily Stormer commenter wrote on their page, ?They need

Sacco Vandal at Unite the Right. Antifa and niggers will be out in force. We need military guys

there to crack skulls.?

?Unite the Right Rally:

60. On Friday August 11, 2017, the night before the Unite the Right Rally, the white
nationalists and white supremacists, including Kessler and Spencer, organized a torchlight
procession through downtown Charlottesville. The torchlight procession was intended to replicate
cross lighting ceremonies and intimidate the local minority population through a message of
hate and violence.

61. In advance of the Friday night march, Spencer sent a text message to a reporter that
read: ?I?d be near campus tonight, Ifl were you.? ?After 9 pm. Nameless field.?

62. At approximately 8:45 pm. on Friday August 11, 2017, a group of over 200 mostly
torches in the ?Nameless

young white males, many wearing khaki pants and white polo shirts, li

field? a large area behind Memorial Gymnasium at the University of Virginia.

63. The uniform of khaki pants and white polo shirt is the official uniform of Vanguard
America.
64. The group of white supremacists and white nationalists began to march through the

University of Virginia to the Robert E. Lee statue yelling ?Blood and soil? ?You will not replace

us? ?Jews will not replace us? and ?White lives matter.?

65. When the group arrived at the statue, there was a group of approximately 20 to 30

individuals, mostly students from the University of Virginia, who had locked arms around the base

of the statue.

14

66. Within minutes of the white supremacists arrival at the statue, an altercation ensued
with the group led by Kessler and Spencer throwing their torches toward the statue and students.
Police arrived after the chaos ensued and emergency personnel arrived to treat injuries.

67. Upon information and belief, Defendant Fields was a participant in the march and
altercation on the night of Friday, August 11, 2017.

68. By 8 am, on the morning of August 12, 2017, members of anti-facist groups and
white supremacists began arriving to Emancipation Park waving nationalist banners, chanting
slogans and carrying pistols, ri?es, shields and clubs.

69. Former! leader and racist icon David Duke was in attendance, as were a
multitude of leaders of neo-Nazi and neo?Confederate organizations.

70. The alt?right groups hired the Warlocks, a club to provide protection
during the rally.

71. At approximately 11 am. on August 12, 2017, a group of white nationalists
carrying large shields and wooden clubs approached the park on Market Street in Charlottesville,
Virginia. The white nationalists? path was blocked by a group of counter-protesters. The marchers
charged through the line of counter-protesters swinging sticks and spraying chemicals.

72. Defendant Fields was part of the group marching towards Emancipation Park. He
wore khaki pants and a white polo shirt and held a shield with the emblem of Vanguard America.

73. Before noon, the official start time of the ?Unite the Right Rally?, rallygoers and
counter-potesters began throwing bottles and rocks and fights began breaking out along the streets
of Charlottesville.

74. At 11:22 am, the Charlottesville Police declared the event an unlawful assembly.

Shortly thereafter, the Virginia Governor declared a state of emergency.

15

Intentional Murder and Attempted Murder of Innocent Bystanders

75. After the dispersal of the main rally at Emancipation Park, a group of
Charlottesville residents and counter-protesters were gathered peacefully on the Downtown Mall.

76. On the afternoon of August 12, 2017, Plaintiffs Tadrint Washington and Micah
Washington were driving to their home in Charlottesville, Virginia. Tadrint Washington was
driving her 2005 Toyota Camry and her sister Micah Washington was in the passenger seat.

77. Plaintiffs were not counterprotesters and did not attend any of the events relating to
the rally or protest.

78. Due to the road closures in Downtown Charlottesville, Plaintiffs were detoured
from their typical route home. The road closures led Plaintiffs to 4th street in between Main and

Water Street.

79. Plaintiffs were unable to drive further due to the number of pedestrians in on the

street.

80. At approximately 1:42 pm, Defendant Fields retrieved his Dodge Challenger and
deliberately turned the vehicle down 4th Street and accelerated into the group of residents and

counter-protestors in an attempt to kill and maim as many individuals as possible.

81. Defendant Fields then deliberately slammed his car into the back of Plaintiffs

vehicle, propelling it further through the crowd. The impact of the crash caused numerous persons

onto Plaintiffs vehicle.

82. The crash caused Plaintiffs to slam into the dashboard and windshield leaving them

with serious injuries to their head and extremities.

16

83. Plaintiffs? vehicle was covered in blood and numerous victims of the attack were
laying beside the vehicle as first responders were providing treatment and attempting to resuscitate
Heather Heyer, a victim that was killed in the attack.

84. Plaintiffs were eventually removed from their vehicle by law enforcement and
medical personnel and transferred to the University of Virginia Medical Center where they
received treatment for their injuries.

85. Fields was arrested after the attack and charged with second degree murder, three
counts of malicious wounding and failing to stop at an accident.

86. Showing approval of Fields? actions, Richard Spencer noted the Unite the Right
event ?was a huge moral victory in terms of the show of force.? Matthew Heimbach of the
National Front noted: ?We achieved all of our showed that our movement is not
just online, but growing physically. We asserted ourselves as the voice of white America. We had
zero vehicles damaged, all our people accounted for, and moved a large amount of men and
materials in and out of the area. I think we did an incredibly impressive job.? Christopher Cantwell
noted that he was trying to become ?capable of more violence" and that ?Well kill these people if
we have to." He goes on to state "the fact that nobody on our side dies, I?d call that points for us,
the fact that none of our people killed anybody unjustly is a plus for rivals are just a bunch
of stupid animals who don't pay attention they couldn't just get out of the way of the car." He
states that the attack on the Plaintiffs ?was more than justified think a lot more people are gonna

die before we're done here frankly."

17

COUNT I
ASSAULT AND BATTERY
(Against Defendant James Alex Fields, .1 If.)

87. Plaintiffs incorporate herein by reference the averments contained in all
proceeding paragraphs.
88. As a result of the intentional and unlawful acts of Defendants as described herein,

plaintiffs were placed in apprehension of harmful and/or offensive bodily contact, and suffered
harmful, offensive bodily contact, from which they suffered serious personal injury.
89. Fields act of intentionally driving his vehicle into Plaintiffs constituted an

intentional, nonconsensual and unwanted touching without justification, excuse, or consent and

was a battery.

90. At all material times, Fields motor vehicle was an instrumentality under his direct
control which he used to intentionally strike plaintiffs.

91. By reason of the foregoing, plaintiffs were severely injured and suffered great
physical, mental and emotional pain and injury and required and received medical care and
treatment and incurred medical expenses and will continue to incur future expenses thereof, and
were prevented from attending to the duties of their employment and lost salary and earnings and
will lose future salary and earnings thereby.

WHEREFORE, Plaintiffs each demand judgment against Defendants, jointly and
severally, in the amount of THREE MILLION DOLLARS for compensatory
damage and punitive damages in the amount of $350,000, together with pre and/or post?

judgment interest, the costs of this proceeding, and any further relief that this Honorable Court

deems appropriate according to law.

18

COUNT II
CIVIL CONSPIRACY
(Against All Defendants)

92. Plaintiffs incorporate herein by reference the averments contained in all proceeding
paragraphs.

93. Defendants unlawfully, willfully and knowingly conspired, confederated, aided and
abetted, tacitly and/or expressly agreed to participate, cooperate and engage in unlawful and
tortious acts pursuant to a common course of conduct, namely the incitement, promotion and
sponsoring of violent acts and terrorism for the purpose of instilling fear in the public and obtaining
a reversal of the City?s decision to remove the Robert E. Lee statue.

94. As set forth above, defendants conspired with, encouraged and agreed to provide
material support, funding, sponsorship, aiding and abetting and/or other material resources to
James Fields and other white supremacists and/or white nationalists in furtherance of the
conspiracy.

95. At all material times, Defendants engaged in commonly motivated, organized and
conspiratorial acts of violence designed and intended to cause physical harm and incite fear in the
public, including the attack that injured plaintiffs.

96. Defendants knew or should have known that its actions and material support to
white supremacists and white nationalists would directly result in acts of violence in
Charlottesville, Virginia.

97. Defendant James Fields agreed to commit unlawful acts of violence against the

public in order to incite fear and further the interests of the white supremacist organizations to

wage a civil war against minorities and others that challenged their ideologies.

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98. Defendants acted in concert and/or agreement to further their common goal of
inciting fear in the public; promoting hatred and violence to minorities and those that support equal
rights; and maintaining Confederate monuments in public spaces.

99. As a direct and proximate result of the conspiracy, and through the direct and
material support provided by Defendants, James Fields, without lawful justification, intentionally
and purposefully planned and implemented an attack upon innocent civilians, resulting in injury
to plaintiffs.

100. As co-conspirators, Defendants are civilly liable to Plaintiffs for the actions of
James Fields in the terrorist attack as each of the parties were acting in pursuit of the common
conspiratorial scheme.

101. As a result of Defendants concert of action and conspiracy to commit acts of
violence and domestic terrorism, plaintiffs have suffered damage to their person and property.

WHEREFORE, Plaintiffs each demand judgment against Defendants, jointly and
severally, in the amount of THREE MILLION DOLLARS for compensatory
damage and punitive damages in the amount of $350,000, together with pre and/or post?judgment
interest, the costs of this proceeding, and any further relief that this Honorable Court deems

appropriate according to law.

COUNT 
NEGLIGENCE PER SE
VIOLATION 01? VA CODE 18246.5
COMMITTING. CONSPIRING AN AIDING AND ABETTING ACTS OF
TERRORISM
Against All Defendants]

102. Plaintiffs incorporate herein by reference the averments contained in all proceeding

paragraphs.

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103. Pursuant to Virginia Code 18.2-46.5 any person who commits or conspires to
commit or aids and abets the commission of an act of terrorism is guilty of a felony

104. Virginia Code 18.2-46.4 defines an ?act of terrorism? as an act of violence
committed with the intent to intimidate the civilian population at large or (ii) in?uence the
conduct or activities of the government of the United States, a state or locality through
intimidation.

105. Virginia Code 18.2-46.5 was enacted to protect the civilian population from acts
of terrorism and violence.

106. Fields intentionally drove his vehicle into a group of civilians and counter-
protesters with the intent to injure and intimidate the civilian population at large.

107. Fields intentionally drove his vehicle into a group of civilians and counter-

protesters for the purpose of in?uencing the conduct of the Charlottesville City Council through

acts of violence.

108. At all material times, Defendants conspired with Fields to commit acts of violence
against the public in furtherance of their shared goal of promoting hatred and preventing the

removal of Confederate monuments.

109. Plaintiffs belong to the class of persons for whose benefit Virginia Code 18.2?
465 was enacted and the violation of the Statute constitutes negligence per se.

110. As a proximate result of Defendants? violation of the aforesaid statute, said
violations constitute a breach of the duties owed to Plaintiffs and caused Plaintiffs injuries.

111. The injuries suffered by Plaintiffs were the exact type of harm against which

Virginia Code 18.2?46.5 was designed to protect.

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WHEREFORE, Plaintiffs each demand judgment against Defendants, jointly and
severally, in the amount of THREE MILLION DOLLARS for compensatory
damage and punitive damages in the amount of $350,000, together with pre and/or post?judgment

interest, the costs of this proceeding, and any further relief that this Honorable Court deems

appropriate according to law.

COUNT IV
NEGLIGENCE PER SE
VIOLATION OF VIRGINIA CODE 18.2-408 and 18.2-415
INCITEMENT TO RIOT AND DISORDERLY CONDUCT
{Against All Defendants)

112. Plaintiffs incorporate herein by reference the averments contained in all proceeding
paragraphs.

113. Defendants conspired to plan, perpetrate and cause a riot in a manner that would
result in the use of force and violence against residents of Charlottesville and counter-protesters.

114. Defendants actions in directing, inciting and soliciting others, including Fields, to
commit acts of force and violence is a violation of Virginia Code 18.2-408.

115. Virginia Code 123.2408 was enacted to protect the public from acts of violence
and maintain order in the Commonwealth.

116. Defendants actions are also a direct violation of Virginia Code 182?415 which
makes it unlawful to engage in conduct that has a tendency to cause acts of violence against persons
in a public place, street, highway or public building.

117. Virginia Code 182?415 was enacted to protect the public from acts of violence
and maintain order in the Commonwealth.

118. Defendants conspired to create an unlawful assembly designed to incite a riot and

cause disorderly conduct.

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119. Defendants conduct was intended or recklessly created a risk of deadly Violence
and attacks upon residents of the Commonwealth of Virginia and the city of Charlottesville.

120. Plaintiffs belong to the class of persons for whose benefit Virginia Code 18.2-
408 and 182?415 was enacted and the violation of the aforesaid statutes constitutes negligence
per se.

121. As a proximate result of Defendants? violation of the aforesaid statutes, said
violations constitute a breach of the duties owed to Plaintiffs and caused Plaintiffs injuries.

122. The injuries suffered by Plaintiffs were the exact type of harm against which 

182-408 and 182-415 were designed to protect.

WHEREFORE, Plaintiffs each demand judgment against Defendants, jointly and
severally, in the amount of THREE MILLION DOLLARS for compensatory
damage and punitive damages in the amount of $350,000, together with pre and/or post-judgment

interest, the costs of this proceeding, and any further relief that this Honorable Court deems

appropriate according to law.

COUNT 
INTENTIONAL INF LICTION 0F EMOTIONAL DISTRESS
(Against All Del?endan?]
123. Plaintiffs incorporate herein by reference the averments contained in all proceeding
paragraphs.
124. As a direct and intended consequence of the intentional and reckless actions of
Defendants, which constitute extreme and outrageous conduct that is intolerable in a civilized

society, Plaintiffs were caused to suffer severe mental and emotional distress which will continue

for the balance of Plaintiffs? lives.

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125. At all material times, Defendants acted intentionally with the specific purpose of
in?icting emotional distress that they knew or should have known that their actions would result
in emotional distress to the victims of their violence and terrorism.

126. Defendants actions were outrageous and intolerable in that they offend against the

generally accepted standard of decency and morality.

127. As a proximate result of Defendants? actions, Plaintiffs suffered severe emotional
distress.

WHEREFORE, Plaintiffs each demand judgment against Defendants, jointly and

severally, in the amount of THREE MILLION DOLLARS for compensatory

damage and punitive damages in the amount of $350,000, together with pre and/or post-judgment

interest, the costs of this proceeding, and any further relief that this Honorable Court deems

appropriate according to law.

COUNT VI
CIVIL AIDING AND 
ASSAULT, BATTERY AND INFLICTION 0F EMOTIONAL
DISTRESS
(Against All Defendants)
128. Plaintiffs incorporate herein by reference the averments contained in all proceeding
paragraphs.
129. At all material times, Defendants knew that its actions of inciting, soliciting and

encouraging violence at the rally in Charlottesville, Virginia would result in rallygoers, members

of white supremacy, white nationalist and anti?fascist organizations, to violently and unlawfully

attack citizens and counter-protesters.

130. At all material times, Defendants provided rallygoers, including Defendant Fields,

with material support and assistance to violently attack citizens and counter-protesters.

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131. Defendants acted with extreme recklessness in assisting Fields in his effort to
commit violence for the purpose of furthering the shared conspiratorial goal of their organizations.

132. Defendants knew or should have known that the reasonably foreseeable outcome
of inciting violence and providing material assistance to rallygoers, including Fields, was an attack
upon citizens and counter-protesters.

133. Defendants knew or should have known that its incitement of violence and material
assistance would cause members of white supremacy, white nationalist and anti-fascist
organizations to commit assault, battery and intentional in?iction of emotional distress.

134. Defendants aided and abetted, intentionally facilitated and/or reckless disregarded
the planning, preparation and\or execution of the attack upon Plaintiffs by providing organized
and systematic support to Fields and his white supremacist, terrorist organization.

135. Defendants actions in encouraging, promoting and inciting Violence and providing
material support to Fields resulted in the attack upon Plaintiffs.

136. Plaintiffs suffered serious physical and emotional injuries when Fields intentionally
crashed his vehicle into Plaintiffs with the intent to cause death or physical harm.

137. As joint venturers, Defendants are vicariously liable to Plaintiffs for the actions of
Fields as each of the parties were acting in pursuit of the common criminal goal of instilling fear

in the public and obtaining a reversal of the City?s decision to remove the Robert E. Lee statue.

WHEREFORE, Plaintiffs demand judgment against Defendants in the amount of THREE
MILLION DOLLARS together with pre and/or post?judgment interest, the costs

of this proceeding, and any further relief that this Honorable Court deems appropriate according

to law.

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COUNT VII
NEGLIGENCE
(Against Defendant James Alex Fields. Jr.)

138. Plaintiffs incorporate herein by reference the averments contained in all
proceeding paragraphs.

139. On August 12, 2017, Plaintiff Tadrint Washington was properly and lawfully
operating a motor vehicle on 4th Street in Charlottesville, Virginia.

140. At all material times, Defendant Fields breached his duty of reasonable care owed
to Plaintiffs by operating a motor vehicle in a negligent and reckless manner causing same to
collide with the vehicle being operated by plaintiff as she was properly stopped in traffic.
Further, Defendant Fields was negligent in the following particulars:

a. Failing to maintain a proper lookout

b. Failing to maintain proper control of his vehicle

0. Operating his vehicle in a careless and reckless manner
d. Other particulars of negligence to be shared at trial

141. As a proximate result of defendant?s negligence and recklessness, Plaintiffs were

seriously and permanently injured.

WHEREFORE, Plaintiffs demand judgment against Defendant James Fields in the
amount of THREE MILLION DOLLARS together with pre and/or post?

judgment interest, the costs of this proceeding, and any further relief that this Honorable Court

deems appropriate according to law.

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COUNT 
NEGLIGENCE
(Against Defendant Jason Kessler)

142. Plaintiffs incorporate herein by reference the averments contained in all proceeding
paragraphs.

143. As the organizer of the ?Unite the Right Rally? and demonstration, Defendant
Kessler owed a duty to take direct actions and measures to assure that the Rally would be safe for
attendees and residents in the immediate area of the public gathering.

144. Kessler was on direct notice of the violence to be expected at his Rally and the
possible harm to bystanders and residents of Charlottesville.

145. Prior to the Rally, officials of the city of Charlottesville informed Kessler that the
event, as planned by Kessler, would not be safe due to the number of expected attendees and the
location of the demonstration.

146. Kessler witnessed, encouraged and participated in violence against counter?
protesters in smaller demonstrations in Charlottesville months before the August 12, 2017 event,
including the night of August 11, 2017.

147. Kessler breached his duty of care and was, therefore negligent by failing to take
appropriate measures to assure that there would not be an escalation of violence, including but not
limited to, changing the venue of the demonstration, canceling the rally following the violence on
the evening of August 11, 2017, implementing measures to assure that rallygoers would not carry
weapons, and denouncing all acts of violence against citizens and counter?protesters.

148. At all material times, Kessler negligently and recklessly incited, encouraged and

participated in violent attacks.

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149. As a direct and proximate result of Kessler?s negligence, as described above,
Plaintiffs suffered severe physical and emotional injuries, mental anguish, anxiety, depression,
humiliation, embarrassment, inconvenience, and a loss of enjoyment of life.

WHEREFORE, Plaintiffs demand judgment against Defendant Kessler in the amount of
THREE MILLION DOLLARS together with pre and/orpost?judgment interest,

the costs of this proceeding, and any further relief that this Honorable Court deems appropriate

according to law.

PLAINTIFF DEMANDS TRIAL BY JURY

Plaintiffs Tadrint Washington and Micah Washington hereby demand trial by jury.

 

By Coiunsel

Michael J. Miller, Esq. VSB #19171
David]. Dickens, Esq. VSB #72891
Jeffrey A. Travers, Esq. VSB #77409
Timothy Litzenburg, Esq. VSB 76988
THE MILLER FIRM, LLC

108 Railroad Avenue

Orange, Virginia 22960

Telephone: (540-672-4224)
Facsimile: (540-672-3055)

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