United States District Court, E.D. Virginia, Alexandria Division
GREGORY S. MERCER, Plaintiff,
E.A. VEGA, Defendant.
O'Grady, United States District Judge.
matter comes before the Court on Defendant's Motion for
Summary Judgment. Dkt. 19. For the following reasons the
Motion is granted.
present case was set in motion by a 2006 arrest. On June 9,
2006, Trooper Kenneth Houtz approached four cars that were
pulled over on the shoulder of Interstate 66. The driver of
one of these cars was Plaintiff, Gregory Mercer. As Houtz was
issuing a summons to Mercer for improperly stopping on the
highway, Mercer struck Houtz and called Houtz an asshole.
Seeking to deescalate the situation, Houtz went to issue
summonses to the three other drivers to give Mercer a chance
to calm down. When Houtz returned to Mercer, Mercer was still
upset and asked for Houtz's name and badge number.
then called his Division Headquarters and spoke to Sergeant
Kerry Allander about the situation with Mercer. After
speaking to Allander, Houtz arrested Mercer and subsequently
obtained and served a warrant on Mercer for assault and
battery of a law enforcement officer.
his arrest, Mercer went to the Division VII, Area 9 Office to
speak with Allander. Mercer told Allander Houtz's story
about what happened on the side of Interstate 66 was not true
and that Mercer had been unjustly arrested. Allander informed
Mercer he was not Houtz's supervisor and gave him the
information for Houtz's supervisor.
November 30, 2006, Mercer was convicted of misdemeanor
assault and battery in Fairfax County General District Court.
Mercer appealed to the Fairfax County Circuit Court, was
convicted there as well and sentenced on June 1, 2007.
his conviction, Mercer did not seek to put this incident
behind him, but instead remained fixated on his allegedly
unjust arrest. Soon after the conviction Mercer and Houtz
spoke on the phone. Mercer accused Houtz of committing
perjury, Houtz denied this accusation, and Mercer hung up the
phone. Mercer then appealed his conviction to the Virginia
Court of Appeals, the Supreme Court of Virginia, and the
United States Supreme Court. All appeals were denied.
Approximately a year and a half later, on January 4, 2011,
Mercer filed complaints against all the judges involved in
his case - the Circuit Court judge, the Court of Appeals
judges, and the Supreme Court of Virginia justices - with the
Judicial Inquiry and Review Commission of the Commonwealth of
Virginia. The Commission informed Mercer it did not have the
authority to address the complaints.
March 3, 2015, over four years after he filed his judicial
complaints, and nearly nine years after the 2006 arrest
occurred. Mercer called the Division VII, Area 9 Office and
asked to speak to Allander. When Mercer was unable to speak
to Allander he asked for information on Allander and Houtz.
After this phone call Mercer went to the Division VII, Area 9
Office in person, falsely identified himself as a George
Mason University student, and spoke to Allander, asking him
for further information about Houtz.
days later, on March 6, 2015, Mercer filed a lawsuit in this
Court against Fairfax County Child Protective Services and
two of its employees, the Fairfax County Department of Code
Compliance and three of its employees, Allander, Houtz, and
all the judges and justices mentioned above.
filing his lawsuit, Mercer began making efforts to serve
Allander and Houtz. On March 11, 2015, Mercer called Division
VII, stating he needed to serve subpoenas on Allander and
Houtz. The person Mercer spoke to informed Mercer that he
could serve Allander and Houtz at their work addresses. Two
days after this phone call, Mercer emailed Allander and Houtz
asking for their home addresses so he could serve them.
Allander and Houtz forwarded the emails to their supervisors
per department policy and the supervisors forwarded the
emails to the Office of Legal Affairs.
March 16 and 20, 2015, the Office of Legal Affairs contacted
Mercer, informed him that Virginia State Police does not give
out officers' home addresses, and that the Office of
Legal Affairs could serve Allander and Houtz. The Office of
Legal Affairs also instructed Mercer not to contact the
officers directly as they were being represented by the
Office of the Attorney General. After this conversation
Mercer again emailed Allander and Houtz asking for their home
addresses so he could serve them.
months later, on May 14, 2015, Mercer came to the Division
VII Area 10 Office and asked for Houtz and Houtz's home
address. The sergeant Mercer talked to told him Houtz was not
in the office and that they did not give out officers'
home addresses. Mercer left, but as he left the sergeant
noticed Mercer and a companion writing down the license plate
numbers of the cars in the parking lot.
15, 2015 at approximately 12:30 a.m. Mercer called Division
VII State Police Communications, falsely identified himself
as Ibrahim Fetterolf, and indicated he was meeting Allander
at the Division VII Office that night. When the office
contacted Allander to confirm ...