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Cline v. Riley — Court of Appeals opinion, 1099-25-1

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- 3 - testimony is incredible. So it has to roll to the circuit court and let that court sort it out.” Accordingly, the charges were certified to the grand jury. On November 12, 2019, the grand jury returned true bills on all eight charges. A jury trial commenced on June 27, 2022, in the Newport News Circuit Court (the trial court). L.C. testified at trial and was, again, cross-examined by Cline’s and R.J.’s counsel on her mental health issues and past sexual assault allegations that she had made. After the Commonwealth presented evidence, Cline and R.J. moved to strike; the trial court overruled the motion because the Commonwealth presented a sufficient prima facie case. After the presentation of all the evidence, Cline and R.J. made renewed motions to strike; the trial court overruled the motions, determining there was sufficient evidence for the jury to decide Cline’s guilt. Ultimately, the jury found Cline not guilty of two counts of aggravated sexual battery of a victim under the age of 13, but was undecided on the remaining six charges. Consequently, the trial court declared a mistrial. II. The Malicious Prosecution Complaint Cline filed her malicious prosecution complaint on June 12, 2024, in the Newport News Circuit Court (the circuit court) against five defendants in their individual and official capacities as Newport News police officers. The defendants include appellees Officer Kathryn Riley, Lieutenant Shawnalea Ross, and Chief Steve R. Drew.4 The basis of Cline’s complaint was that officers of the Newport News Police Department—mainly, Officer Riley—pursued felony sexual abuse charges against her based solely on L.C.’s uncorroborated allegations and without probable cause. Cline claimed that 4 Cline nonsuited the remaining two defendants at the February 4, 2025 motions hearing.
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