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v. Garnett, 265 Va. 12, 16, 574 S.E.2d 258, 261 (20 03). ―The
tort of battery is an unwanted touching which is ne ither
consented to, excused, nor justified. ‖ Id. ―False imprisonment
is the restraint of one‘ s liberty without any sufficient legal
excuse.‖ Lewis v. Kei, 281 Va. 715, 724, 708 S.E.2d 884, 89 0
(2011).
a. Sergeant Gayle
Here, Plaintiff fails to state a plausible right to relief
as to Sergeant Gayle in Counts Three, Four, and Fiv e, as she
fails to allege that Gayle ever put her in fear of being
touched, actually touched Plaintiff, restricted Plaintiff‘s
movements in any way, or otherwise directed another officer to
touch or restrict Plaintiff‘s movements. 12 On the contrary,
Plaintiff clearly states in her Complaint that Offi cer Briggs
was the only individual that ever touched her or ot herwise
restricted her movements at the scene of her arrest .
Plaintiff‘s briefs in opposition to dismissal confi rm her
position regarding the relevant facts, as she state s therein
12 These counts fail to state a claim against Gayle u nder the
doctrine of respondeat superior because Plaintiff‘s facts
establish that Briggs made the discretionary decisi on to arrest
her; therefore, he was plainly not performing a min isterial task
on behalf of Sergeant Gayle. See First Virginia Ban k-Colonial v.
Baker, 225 Va. 72, 78-79, 301 S.E.2d 8, 12 (1983) ( indicating
that although public officials may not be immune fr om liability
for their subordinates‘ performance of ministerial duties, they
are immune from liability for their subordinates‘ d iscretionary
decisions). Jump to an indexed page (39 of 39)