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(―Briggs‖).1 After examination of the briefs and the record, the
Court determines that a hearing on the instant moti ons is
unnecessary, as the facts and legal arguments are a dequately
presented, and the decisional process would not be aided
significantly by oral argument. Fed. R. Civ. P. 78 (b); E.D. Va.
Loc. Civ. R. 7(J). For the reasons stated herein, the Court
GRANTS the City Defendants ‘ motion to dismiss in its entirety,
and GRANTS IN PART AND DENIES IN PART Gayle‘s and Briggs‘
motions to dismiss.
I. FACTUAL ALLEGATIONS 2
This matter arises out of a domestic dispute betwee n
Plaintiff and her husband, occurring on or about Se ptember 27,
2009. While Plaintiff‘s husband was watching telev ision,
Plaintiff‘s cat knocked over her husband‘s mixed dr ink. An
argument between the spouses ensued, ending when Mr . Hales left
the residence on his motorcycle.
Mr. Hales returned approximately thirty minutes lat er
1 There is no indication in the record that Officer Darryl J.
Johnson, listed as a defendant in the Complaint, ha s ever been
served in this case.
2 The facts recited herein are drawn from Plaintiff‘s Complaint .
Such factual allegations are assumed true for the p urpose of
deciding the instant motions, but do not constitute factual
findings for any other purpose. See, e.g., Nemet C hevrolet,
Ltd. v. Consumeraffairs.com, 591 F.3d 250, 255 (4th Cir. 2009)
(―[I]n evaluatin g a Rule 12(b)(6) motion to dismiss, a court
accepts all well-pled facts as true and construes t hese facts in
the light most favorable to the plaintiff in weighi ng the legal
sufficiency of the complaint.‖). Jump to an indexed page (39 of 39)