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

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19 tort liability for wrongful arrest if he had a ―good faith and reasonable belief‖ that a crime was committed in his presence, DeChene v. Smallwood, 226 Va. 475, 479, 311 S.E.2d 749, 751 (1984) (citations omitted), at this early stage in the litigation, the facts do not support such a finding . Rather, viewing the facts in a light most favorable to Plai ntiff, as required of the Court in this procedural posture, t he Court must assume that Plaintiff, in a calming manner, called her husband ―Honey,‖ asked him ―please don‘t do this,‖ and just ifiably touched him on the wrist in a non-threatening manne r to help calm him down. Compl. ¶ 10. As there are no facts alleged suggesting that such touch elevated the dispute, an d the facts alleged instead only indicate that Plaintiff‘s non -threatening touch sought to diffuse the tension, Plaintiff suff iciently alleges that Briggs lacked justification to handcuf f her and place her under arrest. Accordingly, the Complaint adequately states a plausible right to relief against Briggs f or assault,13 battery, and false imprisonment. Briggs‘ motion to dismiss is therefore denied as to Counts Three, Four, and Five. 13 Although Plaintiff‘s narrative states that she was handcuffed ―without warning,‖ thereby eliminating any opportun ity for Plaintiff to fear an imminent battery, P laintiff‘s facts detail several instances when she was touched by Briggs, s uch as being placed in the police car, and placed in the holding cell. Accordingly, it would be premature to dismiss the a ssault count at this time solely based on Plaintiff‘s admission that the initial touching was ― without warning.‖
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