Title 46.2. Motor Vehicles
Chapter 8. Regulation of Traffic
§ 46.2-882.2. Damages for an enforcement action undertaken by a locality with willful disregard for applicable law.
A. Notwithstanding any other provision of law, general or special, any person against whom an enforcement action is carried out by a locality or law-enforcement agency, pursuant to the authority granted in § 46.2-882.1, where the enforcement action was based upon a willful disregard for applicable law, shall be entitled to an award of compensatory damages and to an order remanding the matter to the locality with a direction to carry out any further enforcement in a manner consistent with the law and may be entitled to reasonable attorney fees and court costs. The total amount of compensatory damages recoverable in any action brought pursuant to this section shall not exceed the amount of the civil penalty assessed against the plaintiff in the underlying enforcement action.
B. The court may order that the locality shall be ineligible to receive any funds collected pursuant to subsection C of § 46.2-882.1, in excess of those used for its photo speed monitoring device program, upon a finding by any court of the Commonwealth that such locality is failing to comply with the order issued pursuant to subsection A. Upon such a finding, the court shall declare that any such funds shall be deposited in the Virginia Highway Safety Improvement Program, established pursuant to § 33.2-373, until the locality comes into compliance with such order.
C. Any action brought pursuant to this section may be filed with the general district court having jurisdiction of the locality, and the court shall hear and determine the case as soon as practicable. A locality may appeal any final judgment of the general district court in accordance with the procedural requirements of § 16.1-106. Nothing in this section shall be construed to abrogate a claim of qualified immunity.
