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A federal magistrate said he will recommend within two weeks whether a lawsuit filed by a woman who alleged she was the victim of excessive force in the Virginia Beach jail should move forward. Janace Johnson, 60, who has schizoaffective disorder, in September sued the city of Virginia Beach, the state, Sheriff Paul Lanteigne, two sheriff’s deputies and a policeman.
A federal judge in March threw out all Johnson’s claims except for the ones alleging excessive force by sheriff’s deputies. The suit had alleged that she was wrongfully arrested and prosecuted. It also said Johnson did not receive necessary medical care and that law enforcement officers used excessive force against her while she was in the Virginia Beach jail. On Monday, a lawyer for Lanteigne and two sheriff’s deputies argued that his clients are protected by “qualified immunity,” which can shield government employees from claims of civil damages. Attorney Jeff Rosen said his clients were just doing their jobs when they wrestled Johnson to the ground after she refused to follow orders and after she hit a sheriff’s deputy in the face.