22911.

The real property records of Albemarle County show that 207 Pineridge Lane is in

Albemarle County and owned by Winnie N. Kessler.

4. As recently as March 6, 2018, Kessler filed a complaint in the United States

District Court for the Western District of Virginia, Charlottesville Division (Case No.

3:18CV00015) against the City of Charlottesville, et. al, in which Kessler stated he is a citizen of

Albemarle County, Commonwealth of Virginia.

JURISDICTION AND VENUE

5. Personal and subject matter jurisdiction are proper in this Court pursuant to,

among other things, Va. Code § 8.01-328.1(A)(4) and the common law of Virginia.

6. Venue in this Court is proper and preferred pursuant to Va. Code § 8.01-

261(1)(a)(2), as Taylor regularly conducts affairs or business activity in the City of

Charlottesville.

7. Venue in this Court is also proper and permissible pursuant to Va. Code § 8.01-

262(4), as one or more of Taylor’s causes of action against Kessler arose in the City of

Charlottesville on January 22, 2017 and April 6, 2017.

8. Venue in this Court is also proper and permissible pursuant to Va. Code § 8.01-

262(3), as there exists a practical nexus to the forum including, but not limited to, the location of

fact witnesses or other evidence to the action.

9. On information and belief, Kessler regularly conducts substantial business activity

in the City of Charlottesville.

FACTUAL BACKGROUND

10. On or about January 22, 2017, Kessler was on the downtown mall of and within

the City of Charlottesville, such location being a public pedestrian dining and shopping mall. On

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that occasion, Kessler was soliciting signatures of citizens of Charlottesville for a petition

seeking to remove Wes Bellamy as an elected council member for the City of Charlottesville and

claiming Mr. Bellamy had misused his office.

11. Mr. Bellamy is an African-American citizen of Charlottesville who was then

serving as Charlottesville’s vice-mayor and councilman.

12. Kessler, a Caucasian, has been identified in a complaint filed against him and

others on October 11, 2017, in the United States District Court for the Western District of

Virginia, Charlottesville Division (Civil Action No. 3:17CV00072). Said complaint alleges that

Kessler is “a white nationalist and a member of Proud Boys. A resident of Charlottesville,

Virginia, Kessler uses the handle ‘MadDimension’ on Discord and @The_MadDimension on

Twitter, and … led the organizing efforts for the Unite the Right ‘rally’ in Charlottesville.” Said

complaint in federal court further alleges: “Kessler is also the president and founder of Unity

and Security for America, a grassroots organization that claims it is dedicated to ‘defending

Western civilization’ and is a contributor to websites like VDare.com, a xenophobic, nativist

publication, and the Daily Caller, a conservative news outlet.”

13. Kessler has described himself in a verified complaint he signed and filed on

August 10, 2017, in the United States District Court for the Western District of Virginia (Case

No. 3:17-CV-00056) as a person whose “views are highly controversial and have evoked strong

protests ...”

14. In a complaint against Kessler and others filed in this Court on August 15, 2017,

the plaintiffs Tadrint and Micah Washington alleged: “[Kessler] is a racist, violent and hateful

person who conspired to and did incite violence in the City of Charlottesville on August 12,

2017. Kessler has a history of racism and violence and in furtherance of his vision for a racist

  3
and violent society he organized the Unite the Right rally which occurred in Charlottesville on

August 11-12, 2017 …”

15. On January 22, 2017, Kessler’s reputation as one with “highly controversial”

views was widely known in Charlottesville in general and to Plaintiff Taylor in particular.

16. Kessler, later in 2017, filed his petition in the Circuit Court for the City of

Charlottesville seeking to remove Mr. Bellamy from his elected office (Case No. CL17-75).

Kessler’s petition alleged, among other accusations, that “Mr. Bellamy previously produced a

litany of hateful and discriminatory messages attacking caucasians [and others] on Twitter.”

Kessler’s petition further claimed that Mr. Bellamy’s actions contributed to what Kessler

described as allegedly “unequal and disproportionately low selection of individuals from races

other than [Mr. Bellamy’s] own for appointments, hiring, and selection to commissions,

committees, boards and staff positions.”

17. Shortly after he filed it, Kessler’s petition to remove Bellamy from office was

dismissed by this Court due to a failure to present an adequate number of signatures.

18. While Kessler was soliciting signatures from Charlottesville residents for his

petition on January 22, 2017, Taylor was also walking on the downtown mall on unrelated

business.

19. Kessler and his reputation were previously known to Taylor, as was the general

thrust of his petition efforts against Mr. Bellamy. Taylor recognized Kessler and waited to speak

to Kessler while Kessler was soliciting another individual unknown to Taylor to sign his petition.

20. After that unknown individual and Kessler finished speaking, Taylor approached

Kessler to inquire about the specific content of Kessler’s petition.

  4
 21. Kessler solicited Taylor’s signature on his petition, and Taylor advised Kessler

that he was not a resident of Charlottesville and was not eligible to sign Kessler’s petition.

Nevertheless, Taylor was interested in viewing the contents of Kessler’s petition, and Taylor

accepted the clipboard and petition offered by Kessler.

22. Taylor returned Kessler’s petition and clipboard to Kessler.

23. Taylor then turned to leave while remarking to Kessler words to the effect of,

“You’re acting like an asshole.”

24. Without provocation, and while Taylor was turning to leave, Kessler violently

struck Taylor in the face with Kessler’s fist.

25. Kessler then ran away from Taylor. Shortly thereafter, Kessler returned and

apologized to Taylor and pleaded with Taylor not to report him to the police, explaining that he

[Kessler] was having a bad day. Kessler also promised to Taylor that he would “make things

right.”

26. Taylor did file a complaint against Kessler, the result of which caused authorities

to arrest Kessler and charge him with misdemeanor assault and battery against Taylor, in

violation of Va. Code § 18.2-57.

27. On or about January 23, 2017, and only after Kessler was served with Taylor’s

complaint, Kessler then filed a complaint against Taylor with the magistrate’s office in

Albemarle County, falsely alleging that Taylor had assaulted Kessler on January 22, 2017.

Kessler’s complaint was motivated by malice and revenge against Taylor, was false when made,

included materials statements of fact which were false and Kessler knew the statements were

false when he made them.

  5
 28. Kessler made the false statements in his criminal complaint against Taylor on

January 23, 2017, under oath and under penalty of perjury in violation of Va. Code § 18.2-434,

to wit:

“Two men accosted me on the downtown mall as I was collecting signatures for a

petition they did not like. The first scribbled on my petition. When I retrieved it the

second man, James Justin Taylor, grabbed the petition and my arm violently shaking to

separate the two. He screamed, ‘Your [sic] a fucking asshole’ making contact with his

face to mine. [I] used self-defense to remove him for [sic] my person and property.”

29. Based on Kessler’s sworn and false complaint against Taylor, a warrant of arrest

was issued against Taylor by the General District Court of the City of Charlottesville on January

23, 2017, and Taylor was required to spend considerable time and hire legal counsel and a

private investigator to assist him in fighting Kessler’s false charges. In addition to incurring

expense and loss of time, Taylor suffered public embarrassment, humiliation and damage to his

reputation, all as a direct and proximate result of Kessler’s false complaint.

30. Kessler’s false complaint against Taylor was investigated by the Office of the

Commonwealth’s Attorney of the City of Charlottesville and found to be without merit. On or

about March 3, 2017, the criminal charges against Taylor were dropped and the case against

Taylor was dismissed with prejudice on motion of the Office of the Commonwealth Attorney,

which said:

“The events of this alleged assault are entirely captured on a camera system mounted on a

business adjacent to the event. Having had an opportunity to examine the criminal

complaint in this case in light of the video surveillance, the Commonwealth has

concluded that the warrant in this case was issued on assertions not supported by the

  6
 evidence in this case. In light of the fact that the Commonwealth through independent

video evidence can establish that the events described by the complaining witness in his

criminal complaint did not happen, the interests of justice demand that the

Commonwealth move this Court to dismiss with prejudice the warrant currently pending

against Mr. Taylor.”

31. Kessler entered a guilty plea about a month later, on or about April 6, 2017, and

he was found guilty on May 8, 2017, of the offense of assault and battery against Taylor, in

violation of Va. Code § 18.2-57. The General District Court of Charlottesville records from that

case (No. C17-433) indicate that Kessler received a suspended sentence of 30 days in jail and he

was ordered to perform 50 hours of community service by November 8, 2017.

32. Kessler’s guilty plea on April 6, 2017, for the offense of assault and battery arose

out of the same occurrence upon which a portion of this civil action is based, and Taylor hereby

gives notice of intention to submit evidence of said guilty plea pursuant to Va. Code § 8.01-418.

33. Immediately after pleading guilty of assault and battery against Taylor on April 6,

2017, Kessler was standing outside the Charlottesville General District Court on the sidewalk of

Market Street. At such time, Kessler made an obscene gesture with his middle finger directed to

Taylor and others present. Kessler also addressed defamatory comments against Taylor within

the hearing of Taylor and multiple members of the public and press. Among other defamatory

comments, Kessler stated, “You can’t believe anything Jay Taylor says,” and “It was a gang

thing” [accusing Taylor of unlawful gang activity]. Kessler also called Taylor “a coward,”

among other defamatory comments and insulting words.

34. On information and belief, Kessler has made and published other defamatory

statements against Taylor related to Kessler’s false claim against Taylor on or after April 6 2017,

  7
either in person or in writing published on Twitter or other social media or one or more internet

blogs that Kessler contributes to.

35. Kessler’s statements about Taylor described herein were false, and made with

malice, and with intent to injure Taylor’s personal reputation and discredit him in his business.

Such statements impugned the honesty, integrity and moral character of Taylor and, among other

things, state that he is guilty of crimes for which he could be prosecuted.

36. Kessler knew that such statements were false when he made them or he made the

statements with reckless disregard for the truth of such statements, and such statements were

statements of fact and not just opinion.

37. Kessler’s statements are defamatory, per se.

38. As a proximate result of these false, malicious, insulting, defamatory, libelous,

and slanderous statements by Kessler, on and after April 6, 2017, Taylor has been caused to

suffer humiliation, embarrassment, mortification, shame, vilification, ridicule, exposure to public

infamy, disgrace and scandal, injury to his reputation and feelings, and financial loss, and has

been hampered in the conduct of his business and affairs.

39. On March 20, 2018, Kessler was tried in Albemarle County on a felony charge of

perjury relating to his false complaint against Taylor. At such trial, Kessler swore under oath a

number of false and material statements regarding Taylor and accusing Taylor of committing a

crime against Kessler and/or allegedly justifying Kessler’s offenses against Taylor. Such

statements were published to third parties, were false when made, were made knowingly as false

statements, and were made with malice.

40. Among the false statements Kessler made under oath on March 20, 2018, Kessler

stated: that Taylor violently shook Kessler’ arm, that Taylor screamed obscenities at Kessler,

  8
that Taylor was menacing Kessler by speaking to him with his face unreasonably close to

Kessler’s, and that Taylor was working in concert with another person to harass and intimidate

Kessler.

41. The felony perjury charge against Kessler was dismissed on March 20, 2018, by

the Circuit Court of Albemarle County on defendant’s motion to strike alleging the

Commonwealth rested its case without proving all the elements of the charge.

COUNT I: ASSAULT

42. Plaintiff incorporates herein by reference the averments contained in all preceding

paragraphs.

43. The actions of Kessler on January 22, 2017 constituted an intentional,

unprivileged act toward a touching the person of Taylor that was intended to and did create in

Taylor both harmful and offensive contact and the reasonable apprehension of an immediate

battery. Such actions by Kessler were intentional and were known by Kessler to a substantial

certainty that they would create that apprehension.

44. As a result of the intentional and unlawful acts of Kessler on January 22, 2017, as

described herein, Taylor was placed in reasonable apprehension of harmful and/or offensive

bodily contact, and suffered harmful, offensive bodily touching which was neither consented to

by Taylor, excused, or justified.

45. By reason of the foregoing, Taylor was injured and suffered physical, mental and

emotional pain and injury and required medical care and treatment and will incur medical

expenses and will continue to incur future expenses thereof, and was prevented from attending to

the duties of his employment, and lost earnings, and will lose future salary and earnings thereby.

  9
 COUNT II: BATTERY

46. Plaintiff incorporates herein by reference the averments contained in all preceding

paragraphs.

47. As a result of the intentional and unlawful acts of Kessler on January 22, 2017, as

described herein, Taylor suffered harmful, offensive bodily touching which was neither

consented to, excused, nor justified.

48. By reason of the foregoing, Taylor was injured and suffered physical, mental and

emotional pain and injury and required medical care and treatment and will incur medical

expenses and will continue to incur future expenses thereof, and was prevented from attending to

the duties of his employment, and lost earnings, and will lose future salary and earnings thereby.

COUNT III: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

49. Plaintiff incorporates herein by reference the averments contained in all preceding

paragraphs.

50. At all material times, Kessler acted intentionally with the specific purpose of

inflicting emotional distress upon Taylor which Kessler knew or should have known would

cause Taylor emotional distress.

51. Kessler’s actions were outrageous and intolerable in that they offend against the

generally accepted standard of decency and morality.

52. As a direct and intended consequence of the intentional and reckless acts of

Kessler as described herein, which constitute extreme and outrageous conduct that is intolerable

in a civilized society, Taylor was caused to suffer severe mental and emotional distress which

will continue for the foreseeable future.

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 COUNT IV: MALICIOUS PROSECUTION

53. Plaintiff incorporates herein by reference the averments contained in all preceding

paragraphs.

54. Kessler’s false statements about Taylor in the complaint Kessler filed on January

23, 2017, against Taylor resulted in a criminal prosecution against Taylor by the City of

Charlottesville.

55. Kessler’s acts in instituting such action or causing such action to be instituted

were malicious; instituted by, or with the cooperation of, Kessler; without probable cause; and

terminated in a manner favorable to Taylor, in that charges against Taylor were dismissed with

prejudice.

56. In bringing such charge against Taylor, Kessler acted with both “legal malice,”

which may be inferred by the lack of probable cause, and “actual malice,” or malice in fact,

because it was motivated by Kessler’s ill will, malevolence, grudge, spite, wicked intention and a

conscious disregard for the rights of Taylor.

57. As a result of such malicious prosecution by Kessler, Taylor is entitled to

damages for harm to his reputation and disgrace or distress resulting from the malicious

prosecution without further proof of damages. Spitzer v. Clatterbuck, 202 Va. 1001, 121 S.E. 2nd

466 (1961).

COUNT V: INSULTING WORDS

(Va. Code § 8.01-45)

58. Plaintiff incorporates herein by reference the averments contained in all preceding

paragraphs.

  11
 59. Kessler’s statements about Taylor described herein, on or after January 22, 2017,

including accusing Taylor of the commission of a crime from January 23, 2017 to March 20,

2018, were insulting words from their usual construction and common acceptance and were

words that tend to violence and breach of the peace. As such they are actionable pursuant to Va.

Code § 8.01-45, independent of Taylor’s action against Kessler for defamation.

60. Taylor’s damages on account of Kessler’s insulting words may be presumed from

proof of the utterance of the insulting words. As a direct and proximate result of Kessler’s

insulting words, Taylor suffered humiliation, embarrassment, mortification, shame, vilification,

ridicule, exposure to public infamy, disgrace and scandal, injury to his reputation and feelings,

and financial loss, and has been hampered in the conduct of his business and affairs.

61. Kessler’s utterance of insulting words against Taylor that were made in the

context of his complaint against Taylor lodged with the magistrate in Albemarle County on

January 23, 2017, and otherwise were made with malice and therefore were without privilege.

COUNT VI: VIOLATION OF STATUTE - PERJURY

(Va. Code §§ 8.01-221; 18.2-434)

62. Plaintiff incorporates herein by reference the averments contained in all preceding

paragraphs.

63. Kessler’s statements on January 23, 2017 and on March 20, 2018, under oath and

under penalty of perjury about Taylor and accusing Taylor of the commission of a crime on

January 22, 2017, was perjury in violation of Va. Code § 18.2-434.

64. In making such statements on January 23, 2017 and March 20, 2018, Kessler

willfully swore falsely regarding material matters or things concerning Taylor, after an oath was

lawfully administered.

  12
 65. Kessler willfully subscribed such false statements regarding Taylor on January

23, 2017, as true under penalty of perjury pursuant to Va. Code § 801-4.3 when he did not

believe such statements to be true.

66. In accordance with Va. Code § 8.01-221, Taylor may recover from Kessler such

damages as he may have sustained by reason of Kessler’s violation of Virginia’s perjury statute.

As a direct and proximate consequence of Kessler’s perjury, Taylor suffered humiliation,

embarrassment, mortification, shame, vilification, ridicule, exposure to public infamy, disgrace

and scandal, injury to his reputation and feelings, and financial loss, and has been hampered in

the conduct of his business and affairs.

COUNT VII: DEFAMATION

67. Plaintiff incorporates herein by reference the averments contained in all preceding

paragraphs.

68. Kessler’s statements about Taylor, on or after April 6, 2017, described herein

were false, published to third parties, and made with intent to injure Taylor’s personal reputation

and discredit him in his business. Such statements impugned the honesty, integrity and moral

character of Taylor and alleged that he was guilty of crimes for which he could be prosecuted.

69. Kessler made such statements with malice in that they were false when he made

them, Kessler knew such statements were false when he made them, or he made the statements

with reckless disregard for the truth of such statements, and such statements were statements of

fact and not just opinion.

70. Kessler’s statements are defamatory, per se.

71. As a proximate result of these false, malicious, insulting, defamatory, libelous,

and slanderous statements by Kessler, Taylor has been caused to suffer humiliation,

  13