In his 53-page opinion, Novak concluded that “the complainant in this case alleges a shocking abuse of the state judicial system to remove a 57-year-old woman from her home, while her enfeebled husband lay incapacitated in his death bed at the hospital.”
“That this occurred in a jurisdiction where one of the defendants serves as a Circuit Court judge renders it even more disturbing,” Novak wrote. “Of course, the complainant tells only one side of the story, and the defendants will have an opportunity to present their side at trial.”
“But based on the facts set forth in the complaint, the court at this stage has no qualms in denying the motions of all the defendants, except Brenda’s,” Novak wrote.
Lawyers for the Marshall siblings did not immediately return requests for comment Monday. A lawyer with the Henrico Attorney’s Office representing the police officer declined to comment. Court records show a settlement conference is set for April 12.
Marshall, a Richmond-area lawyer, died at age 80 in 2018. He married Cynthia Marshall in 2015 after divorcing his wife of 58 years, the mother of his four children.
Cynthia Marshall’s suit alleges unconstitutional eviction, seizure of Cynthia Marshall’s property and intentional infliction of emotional distress and asks for unspecified actual and punitive damages.