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

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13 As previously discussed, Plaintiff is required to a ssert ―enough facts to state a claim to relief that is plausible on its face, ‖ Twombly, 550 U.S. at 570, and here, she has failed to advance any facts supporting the bald assertion that Fox an d Morgan were negligent in their training or supervision of subor dinate police officers.8 See Iqbal, 129 S. Ct. at 1949 ( ―Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice‖ to survive a motion to dismiss.). Accordingly, the City Defendants‘ motion to dismiss is granted with respect to Counts Two through Six of t he Complaint based on such Defendants‘ sovereign immunity and/or Plaintiff‘s failure to assert, or failure to adequately assert, a cause of action against each of the City Defendants. C. Counts Two through Six - Gayle and Briggs 1. Count Two – Intentional Infliction of Emotional Distress Defendants Gayle and Briggs argue that Count Two, a lleging intentional infliction of emotional distress, fails to advance sufficient facts to state a claim on which relief c an be granted. Intentional infliction of emotional distr ess is a disfavored cause of action in Virginia. Ruth v. Fl etcher, 237 8 Similarly, even if Count Six can be construed as at tempting to allege that Fox and Morgan were grossly negligent, such claim would fail under Twombly as plaintiff offers no fac ts that would support a finding of gross negligence.
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