INDEPENDENT LOCAL NEWSNewport News, Virginia
Back to the record

Document text · Page 10 of 39

Hales v. Newport News — pleading opinion, Doc. 17

Text from the approved public copy. Page numbers follow the PDF sequence.

Open Source Document

This page uses extracted PDF text. Text can misread numbers, dates or table columns. Check the PDF before quoting or interpreting it. Redacted areas remain redacted.

10 Virginia tort. Turning to Fox and Morgan, regardless of whether th ey, like the City, are immune from liability for all state-l aw torts alleged in the Complaint, 7 Fox and Morgan are not named or otherwise implicated in Counts Two through Five of the Complaint. Accordingly, Counts Two through Five ne cessarily fail to state a claim against Fox or Morgan. As to the allegations in Count Six, when read in conjunction with the preceding paragraphs in the Co mplaint, Count Six appears to allege that Fox and Morgan wer e negligent for failing to implement training and supervision p rocedures necessary to ensure that Newport News Police office rs do not use excessive force during the course of arrests. Howe ver, as discussed immediately below, sovereign immunity shi elds both Fox and Morgan from liability as to Count Six because a ll city employees, regardless of their job title, are immun e from 7 In Pigott v. Ostulano, 74 Va. Cir. 228 (Norfolk, 20 07), the Circuit Court‘s opinion suggests that a city‘s broa d sovereign immunity from liability for all state-law torts com mitted by city police officers may also operate to render hig h-level city officials immune from liability. Specifically, in Pigott, the court held that a Police Chief and Captain, ―two princip al commanding officers of [the C ity‘s] Police Department,‖ were immune from liability for torts committed by subord inate officers because ―officials who oversee the operation of [the City‘s] Police Department are cloaked with the same sovereign immunity that protects the City .‖ Id. at 230. Here, because Fox and Morgan are high-ranking supervisory officia ls, Pigott suggests that both may, like the City, be automatic ally shielded from liability for all state-law torts allegedly co mmitted by subordinate police officers.
Jump to an indexed page (39 of 39)

Report a privacy or text-extraction issue through publication requests.