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

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16 Plaintiff likewise fails to state a claim by advanc ing the bald conclusion that ―all actions and words of the Newport News policemen alleged above were intentional and reckle ss with the specific purpose of inflicting emotional distress,‖ Compl. ¶ 17, as such statement falls far short of the pleading s tandard under Twombly and its progeny. To the contrary, this is precisely the type of unsubstantiated conclusory statement that f ails to satisfy the applicable pleading standard. Accordin gly, Gayle‘s and Briggs‘ motions to dismiss Count Two are granted. 2. Counts Three through Five – Assault, Battery, and False Imprisonment Defendant Gayle seeks dismissal of Counts Three thr ough Five of the Complaint, respectively alleging assaul t, battery, and false impriso nment, based on Plaintiff‘s failure to either specifically name Gayle in such counts or otherwise demonstrate that Gayle participated in Plaintiff‘s arrest. Additionally, both Gayle and Briggs seek dismissal of such counts based on their assertion that Pl aintiff‘s own facts demonstrate that Briggs had a reasonable basis for arresting plaintiff. Assault requires an act ―that creates in [another] p erson‘s mind a reasonable apprehension of an imminent batte ry.‖ Koffman plead an independent state-law tort claim for inten tional infliction of emotional distress. The resolution o f such a pleading deficiency is unrelated to whether Plainti ff can ultimately demonstrate that her damages, recoverabl e under § 1983, include compensable emotional suffering.
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