Tag Archive for Civil Lawsuit

Press Release: Virginia Supreme Court rejects trooper’s appeal

Virginia Supreme Court rejects trooper’s appeal, ending her defamation claim

A Virginia State Trooper has lost her appeal of a lawsuit in which she accused a former Mechanicsville man of defamation.
The Virginia Supreme Court refused Trooper Melanie McKenney’s petition for appeal in her $1.35 million lawsuit against Nathan Cox, ending a protracted legal dispute.
At the heart of the case was the right of citizens to video traffic stops and police interaction for publication on social media.

Cox, 37, an Army veteran who served in Iraq during the Iraq War, has operated a law enforcement watchdog website, Virginia Cop Block. McKenney pulled him over during a traffic stop in 2012. He was subsequently charged for not displaying a license plate on the front of his vehicle and another non-moving vehicle violation.

During the course of the traffic stop, Cox used his cell phone to video the interaction with McKenney, and she attempted to grab it and take it away from him.
Cox, who now lives in Brevard County, Florida, later posted a video on the Internet of the traffic stop with his comments. McKenney filed a lawsuit against Cox in Hanover County alleging his remarks constituted defamation. The original case, claiming $5,000 in damages was dismissed, but McKenney filed a second similar lawsuit seeking $1.35 million in damages.

All of McKenney’s claims eventually were dismissed by the trial court, but she appealed.
The Virginia Supreme Court rejected her appeal Jan. 23, saying in its ruling there was “no reversible error.”

“Accordingly, the Court refuses the petition for appeal,” the high court ruled.
“Nathan Cox’s nightmare is finally over,” said Thomas Roberts, a Richmond attorney whose law firm defended Cox based on legal procedure and the First Amendment right to free speech.

McKenney’s last claim at the trial court was based on a statement Cox made when he was invited to speak to a group of University of Richmond law students in 2015. He told the students that the trooper “pretty much assaulted me.”

Attorneys for Cox opposed McKenney’s appeal, arguing it had no basis. Her concession that she “frisk[ed] him a little bit and things like that” was sufficient factual ground to legitimize Cox’s opinion that McKenney “pretty much assaulted” him, they argued, and the trial court dismissed her claim.

Freedom Works Foundation helped Cox pay some of his legal fees, and Roberts has established a website to raise more funds. You can find the legal fund HERE. (www.gofundme.com/constitutional-liberties-matter).

Virginia State Troopers take a pledge to obey the laws of the United States and Virginia, and to defend the constitutions of both, Roberts noted on the website. “Unless somebody holds government servants faithful to the pledge, it is meaningless and your liberties are at risk,” he wrote.

“Nathan Cox has shouldered the burden of protecting your rights…He has stood in the breach, he has done his part. Will you do yours?”
— END —

$1.35M Defamation Lawsuit Against VA Cop Block Founder: Final Outcome

For those who’ve been following the Civil Lawsuit Saga that I have been dealing with, in which Virginia State Trooper Melanie McKenney filed a defamation suit against me which all transpired from a traffic stop she initiated back in 2012 – I have your most recent update!

September 8th, of this 2016, my attorney Jonathan Arthur, an associate over at Thomas Roberts & Associates was in court to deal with the one final claim against me. I will take a moment to remind you that the last time we were in court over this ordeal, was on November 6th, 2015. You can find the filed complaint against me, the pleadings my attorney responded with AND the most recent opinion the Judge issued after that November 6th court date, here. I digress.

The results are in from the September 8th 2016 hearing!

Please check out Thomas Roberts‘ excellent write up regarding the outcome of the case here. Mr. Roberts is a founder and the principal member of the firm of Thomas H. Roberts & Associates, P.C. I HIGHLY HIGHLY HIGHLY recommend Jonathan Arthur or anyone else at the firm for legal matters and most especially civil rights/ Constitutional situations!

I am in great need of donations for my legal defense. Please consider making a donation here. If you prefer your donations to be in the form of Bitcoin, send a message to the VA Cop Block Facebook Page letting us know.

For anyone interested in reading some other articles written about this situation, Check out the Fox News Article, DailyMail Article, Photography is Not a Crime ArticleRichmond’s NBC12 Article.

Civil Lawsuit Update: Cox’s Attorney’s respond to $1.35M lawsuit(Updated 12/11/15)

McKenney ordered him from his car, attempted to pull a cell phone from his hands because Cox was video recording the interaction, obstructed the collection of evidence and violated Cox's First and Fourth Amendment Rights.

“McKenney ordered him from his car, attempted to pull a cell phone from his hands because Cox was video recording the interaction, obstructed the collection of evidence and violated Cox’s First and Fourth Amendment Rights.”


On June 20th, Virginia Cop Block published the news about Virginia State Trooper Melanie McKenney filing yet another Civil Lawsuit against Virginia Cop Block Founder Nathan Cox; going from a $5K lawsuit to now a $1.35 Million dollar lawsuit.

Cox’s Attorney’s over at Thomas Robert’s and Associates located in Richmond have come out of the gates swinging filing two pleadings along with their own exhibits in hopes of getting this frivolous lawsuit dismissed, this time for good.

The first pleading covers the Statute of Limitations.
Taken from the introduction:

“(1) This Suit is nothing more than a bad-faith, baseless attempt by State Trooper McKenney to hide behind her private persona and silence Nathan Cox – to retaliate against him for his First Amendment protected political activity – by issuing him a million dollar ticket.”

(2) State Trooper McKenney filed suit in small claims court on March 12, 2014. That suit was dismissed, appealed and then non-suited. By the time State Trooper McKenney filed her March 13, 2014 suit, the statute of limitations for any statement complained of had long since run. Complaint 4-9. The Complaint, State Trooper McKenney expressly claims that ‘[t]his case was previously non-suited and is being refiled within six months of the prior non-suit.’

You can read the rest of those pleadings here: Hanover Circuit Filing -1st Special Plea in Bar – Statute of Limitations

As for the second pleadings which had video exhibits, which were that of Cox’s cell phone video and the DashCam video that he acquired by way of a FOIA Request (which the videos can be found on VA Cop Block’s YouTube channel); this pleading goes after the “Truth of all actionable statements.”

The opening Introduction of that pleading states:

“I asked him to get out of the car and he puts a camera in my face” “I don’t want myself on any type of YouTube or whatever.” (Quotes pulled from Dashboard Camera Audio)

“I asked him to get out of the car and he puts a camera in my face”
“I don’t want myself on any type of YouTube or whatever.”
(Quotes pulled from Dashboard Camera Audio)

“(1) In this case, State Trooper M.H McKenney sues Nathan Cox for defamation after Cox shared accounts of a traffic stop in which McKenney ordered him from his car, attempted to pull a cell phone from his hands because Cox was video recording the interaction, obstructed the collection of evidence and violated Cox’s First and Fourth Amendment Rights.

(2) To Prevail, McKenney must show the statements Cox made are both actionable and false. Many of the alleged defamatory statements are not actionable as a matter of law. As for the rest, the video and other documents related to the incident show that these statements are true or substantially true. While McKenney may be personally offended by some of the statements or the mode of their expression, they are not actionable. Indeed, they constitute protected speech under the First Amendment. Therefore this case should be promptly dismissed. Alternatively, any purported statements the Court determines not to be actionable or which are true should be stricken before the case proceeds further.”

Read the rest of these pleadings here:
Hanover Circuit Filing – 2nd Special Plea in Bar – Truth of All Actionable Statements

Cox’s attorney’s will be releasing a video that will be an exhibit in this case and when that video is released, this article will be updated with the embedded video. 

Continue to follow this case by following Virginia Cop Block on Facebook, Twitter and the website. 

Nathan Cox is seeking donations for his Legal Defense Fund to help pay the cost of his attorneys. Consider making a donation and helping Cox protect hist First Amendment rights and perhaps, although it’s not clear, this case could help set a precedent in protecting YOUR first amendment rights in the process.  Click on the image below to make a donation. Cox has stated he’ll be sending personalized hand-written thank you cards, to everyone who donates.


Also, to view the Trooper’s 11 page complaint you can find that here: $1.35M Civil Lawsuit / 11 Page Complaint.

UPDATE: November 7, 2015

Yesterday, November 6, Nathan Cox was back in court dealing with this RIDICULOUS 1.35 Million Dollar lawsuit, brought on by a Virginia State Trooper named Melanie McKenney. If you have had a bad experience with Trooper Melanie McKenney, please private message the  facebook page or submit an entry on the website and let us know! The following is what Nathan published regarding the half day in court:

“Today was a great day in court!
My team of attorneys did an excellent job!
The court will be issuing letter opinions on the pleas filed by my lawyers that should get rid of most if not all of this ridiculous case.

The court denied the motion of the plaintiff attempting to deny access to the files of the state police related to Trooper Melanie McKenney. The documents produced will be subject to a protective order to be used only in the defense of the case.

My attorneys have been working hard on the case and need to get compensated. Please consider supplementing what I’m able to pay them. The work that they are doing is vital to protect free speech and the First Amendment, not just for me but for others who choose to criticize the government. You can help protect our 1st Amendment rights by contributing to the legal defense fund here:

I appreciate the continued support in this matter–it really means a lot. I’m very grateful to those folks who’ve sent me encouraging messages, who’ve chipped in here and there financially and who appreciate the work I’ve done for the cause of freedom. Thank you!

I’ll write an update on VirginiaCopBlock.org after the judge issues his opinion”

Update: December 11, 2015

Followers & Supporters !!!! We have FANTASTIC news regarding the $1.35 Million lawsuit against Virginia Cop Block Founder, Nathan Cox that was meant to silence him. The following is a statement from him:

“My attorneys really hit a home run in court at the end of last month! The court has issued its (3 page) order which stemmed from my attorneys making a few arguments why it should all be thrown out.

The court found that the Appeal by Virginia State Trooper McKenney was improper, the non-suit was a nullity, and therefore ALL statements/ claims with the exception of just ONE HAVE BEEN THROWN OUT!!

The last existing claim is something I said back on March 28th, 2015 when I was invited to speak to some University of Richmond Law Students.

This statement is: “she pretty much assaulted me.” Which my attorneys should be able to dispose of this claim at a summary judgment. If not before.

I want to give a HUGE thank you to my attorneys over at Thomas Roberts & Associates whom I HIGHLY recommend for especially Constitutional matters and police matters respectively.

I also want to give a BIG THANK YOU to everyone who’s supported me in various ways whether through encouragement, prayers, donations to my legal fund, etc. Your support truly means the world to me.

More updates on the way as they come out and finally get this behind me!”

Case Dismissed In Trooper Melanie McKenney vs VACB Founder Nathan Cox (Update: Saga Continues)

Written By: Nathan Cox

I was due in Hanover Court on Monday June 23rd at 9:30 in regards to a Civil Lawsuit where Virginia State Trooper Melanie McKenney was/ is trying to sue me for “Defamation”. The small claims court room was in the basement of the General District Court. Virginia State Police Employee, Melanie McKenney failed to show up. My case was the first called, we told the Judge we would wait around for 15 minutes. After waiting with no appearance by McKenney, the Judge dismissed the case.

Now Today, June 26th, 2015 I receive mail from McKenney, that was a copy of a letter she sent to the Judge the day after our Court Date, apologizing for her absence and requesting/ submitting a motion to reopen the case. See pictures below. Read more