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

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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
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