A $40 million lawsuit against the state and seven agents with the Alcoholic Beverage Commission is headed to federal court.
The suit was filed in a state court last month by Elizabeth K. Daly, who was arrested by ABC agents who mistook sparkling water for beer.
Daly was charged with two felonies for grazing two agents with her vehicle.
Daly has said she attempted to flee in a panic because the agents weren't in uniform, one pulled a gun and another attempted to smash a window with a flashlight.
Daly spent a night in jail on felony charges of assaulting two law enforcement officers and eluding police. Prosecutors withdrew charges against Daly in June and her record was expunged in October.
In her lawsuit, Daly said she has suffered from a tremor in her right hand, intense anxiety and other problems since the confrontation.
As a result of the April 2013 incident, Daly and her parents "have incurred significant legal, medical, and other costs, and will continue to do so in the future due to the malicious, intentional" and negligent actions of the defendants, the lawsuit states.
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This week, the Virginia Attorney General's Office had the case transferred to U.S. District Court in Richmond.
Explaining the move, a spokesman told the Richmond Times-Dispatch the suit involves federal questions.
