Virginia Supreme Court will not rule on Chesterfield officer’s right to immunity

RICHMOND, Va. (WRIC) -- The highest court of Virginia will not rule on a Chesterfield County officer's right to immunity in a liability case for his involvement in a 2023 Petersburg crash.

The Supreme Court of Virginia issued the order November 26th, which said the court could not rule on the officer's appeal for qualified immunity because the lower court has not denied the plea.

Case background

Court documents say Officer Alex Knudsen attempted to perform a traffic stop on a stolen truck in Chesterfield County on the night of March 15, 2023. When the truck did not stop, Knudsen began a pursuit.

13 miles and 11 minutes later, the chase ended in Petersburg, when the truck crashed into a car driven by Otterius Taylor. Also in the car was Taylor's fiancee, Denasia Shaquelle Gray.

Gray was killed and Taylor was injured in the crash.

Taylor and Gray's estate are suing Officer Knudsen in Petersburg Circuit Court for damages, accusing him of gross negligence for pursuing the car that ultimately hit them.

Knudsen has entered a special plea of immunity, claiming that performing his duties as an officer made him immune from liability.

Immunity ruling

The Petersburg Circuit Court scheduled a trial on both the liability and immunity for July 2026. Under Virginia Code § 8.01-670.2(A), the Virginia Supreme Court can hear sovereign immunity cases before a trial.

However, the statute requires the circuit court to first enter an order denying a plea of immunity before an appeal can be reviewed.

"Our review of the record here reveals no such order," the supreme court's Nov. 26 order reads.

Because the Petersburg Circuit Court has not ruled, the Virginia Supreme Court said it lacks jurisdiction over the appeal, and remanded the case to the lower court.

Knudsen's next hearing in Petersburg is scheduled for Dec. 18th, where the immunity plea can be taken up.

The Chesterfield County Police Department said it does not comment on ongoing litigation, but did confirm Knudsen is still with the department.