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

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18 that Officer Briggs witnessed Plaintiff touch her h usband‘s hand, Officer Briggs stated that such act was an as sault and battery, and Officer Briggs placed Plaintiff under arrest. (Pl. Opp. to Dismissal 2, Dkt. No. 13). Furthermore, th e Complaint fails to even allege that Gayle was present during Plaintiff‘s transport to the police station, nor does it allege his presence at the police station. Accordingly, Counts Three, Four, and Five are dismissed against Gayle as Plaintiff fails to state a plausible right to relief. b. Officer Briggs Plaintiff‘s Complaint all eges that, without justification, Officer Briggs placed her under arrest, physically restrained her through the use of handcuffs, and placed her in a police vehicle and later in a holding cell. Defendant Bri ggs responds by arguing that Counts Three, Four, and Five fail t o state a claim because he had a good faith and reasonable be lief in the validity of the arrest. Specifically, Briggs argue s that because Plaintiff admits that she touched her husba nd‘s hand during the course of a domestic argument, ―[t]he Complaint leaves no question that Plaintiff elevated the conf rontation with her husband from a lock-out dispute to one inv olving physical touching.‖ (Briggs‘ Opp. Brief 7, Dkt. No . 9) (emphasis added). Although the Court recognizes that Briggs is shield ed from
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