This page uses extracted PDF text. Text can misread numbers, dates or table columns. Check the PDF before quoting or interpreting it. Redacted areas remain redacted.
22
a. Sergeant Gayle
Plaintiff fails to set forth any facts in the Compl aint,
nor cite any relevant law in her briefs in oppositi on to
dismissal, that suggest that she has a plausible ri ght to relief
against Gayle for gross negligence. Count Six does not mention
Gayle by name nor does it, or any prior factual ass ertion in the
Complaint, detail in what way Gayle‘s action or ina ction was
grossly negligent. As previously noted, the Compla int never
asserts that Gayle directed Officer Briggs to act, nor does it
claim that he took charge of the scene. Furthermor e, Plaintiff
fails to allege that Gayle was even present in the police car or
at the police station. At most, the Complaint asse rts that
Gayle was present when Briggs arrested Plaintiff an d that Gayle
failed to take ―corrective action‖ upon observing O fficer Briggs
arrest Plaintiff. Compl. ¶¶ 6, 11-12, 26.
Even assuming that Plaintiff is correct that Briggs lacked
an adequate legal justification to arrest her, the fact remains
that Plaintiff barricaded her husband out of their home,
resulting in him breaking into the rear of the resi dence with a
crowbar. Regardless of Plaint iff‘s subjective intent, she
thereafter physically touched her husband. Justifi ed or not,
Briggs‘ split -second decision to intervene in the charged
environment of the instant domestic dispute does no t demonstrate
―an utter disregard of prudence ‖ and is a far cry from an ac t so Jump to an indexed page (39 of 39)