Brad L. Roop v. J.T. "Tommy" Whitt, in His Capacity as Sheriff

Summary

The Supreme Court of Virginia held that a sheriff’s deputy is not a “local employee” for purposes of Virginia Code § 15.2-1512.4 because the deputy is an employee of the sheriff, a constitutional officer, rather than of the local government. The court also declined to review the denial of leave to amend because the record did not disclose the proposed amendment. The judgment sustaining the demurrer and dismissing the action was affirmed.

Holdings

1. A sheriff's deputy is an employee of the sheriff, not the local government, and therefore is not a "local employee" for purposes of Code § 15.2-1512.4.
2. The court could not review the denial of leave to amend because Roop did not provide a proffer or description of the proposed amendment and therefore did not present a sufficient record to demonstrate error.

Questions Presented

1. Whether a sheriff's deputy is a "local employee" for purposes of Code § 15.2-1512.4.
2. Whether the circuit court's denial of Roop's oral motion for leave to amend the amended complaint was reviewable on the record presented.

Disposition

affirmed