The complaint filed in the U.S. District Court for the Eastern District of Virginia, Richmond Division, mentions Cuccinelli violated the plaintiff's First Amendment rights, and seeks $500,000 in compensation and punitive damages. The plaintiff also seeks front pay and back pay, reinstatement, attorney fees and costs and a preliminary and permanent injunction "Prohibiting defendants … from engaging in any other acts or practices shown to discriminate against the plaintiff and similarly-situated individuals."
The plaint mentions that Samantha Vanterpool was appointed by the AG's office in 2006 to serve as an Assistant Attorney General. She handled legal education issues. Throughout her tenure her work performance was deemed satisfactory including in her recent evaluation dated October 3, 2011.
The statement of facts states that the AG's office observed an anonymous comment made on a Washington Post blog on May 4, 2012, by a commenter named bz_bzsammy and concluded that bz_bzsammy was none other than Samantha Vanterpool.
The comment on the post observed, "Love it! Let the egomaniac take the BS out of state. While Bolling is helping the GOP, Cuccinelli is promoting Cuccinelli. For example, he is NEVER in the AG's office and solely uses the position for self promotion …"
Following the conclusion, Vanterpool was called to his office by Charles E. James Jr., the Chief Deputy Attorney, and James informed the plaintiff of the AG's conclusion about the comment. He then sent a letter to Vanterpool charging her of violating Section III (1) and (17) of the Standards of Conduct and Media Policy of the AG's office, and terminating her job.
Vanterpool pointed out to the court that none of the charges could be sustained against her, and also that Section III (17) related to "dishonesty, including but not limited to falsification or alteration of official documents, records and reports," and Mr. James did not specify the dishonesty Vanterpool was charged with.
After Vanterpool took up the matter and there was a public outcry, the plaint mentions "Mr. James abruptly announced his resignation as Chief Deputy Attorney, ostensibly to avoid the political fallout of his unlawful and unconstitutional actions."
