Initially filed in October 2016, the civil suit alleges violations of the due process clause, supervisory liability, unlawful eviction, trespass and conversion of certain property.
A statement of facts contained in a Memorandum Opinion written by Kiser stated that either Smith or Coleman “altered the advice given by the Commonwealth Attorney and instructed deputies under their command to enter a home in derogation of plaintiffs’ rights.
“A jury must determine who made that fateful decision and why,” Kiser wrote in a memorandum that was in answer to motions to dismiss filed by several of the defendants.
In addition to Smith and Coleman, the suit also named Commonwealth’s Attorney Stephanie Brinegar-Vipperman, Patrick sheriff’s deputies Brian Hubbard, Danny Martin and Terry Mickels; and two local residents Calvin “Cotton” and Vickie Payne.
Kiser dismissed several from the suit, including Brinegar-Vipperman and three sheriff’s deputies, records showed.
Tamara and James Epperson and others filed the suit which states that the Eppersons owned and lived in a home in Ararat for more than 20 years.
The Paynes bought the home at a foreclosure sale…