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

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28 Defendants. Therefore, the Court first considers w hether Plaintiff‘s facts plausibly assert that Briggs deprived her of a right secured by the United States Constitution. I f the Court finds that Plaintiff sufficiently alleges a constit utional violation committed by Briggs, the Court must consi der whether Plaintiff has pled sufficient facts to impute liabi lity to Gayle and/or the City Defendants. 1. § 1983 Claim against Briggs Plaintiff‘s allegations of c onstitutional violations focus on her arrest and initial detention, requiring the Court to determine whether such allegations substantiate a v iolation of the Fourth Amendment. See Graham, 490 U.S. at 394 (indicating that excessive force claims associated with an arre st of a ―free citizen‖ implicate the Fourth Amendment) . The Fourth Amendment protects ―[t]he right o f the people to be secure in their persons . . . against unreasonable searches and sei zures . . . .‖ U.S. Const. amend. IV. However, a seizure of a su spect is not ―unreasonable‖ if a police officer has probable cause to believe that a crime has been comm itted in the officer‘s presence. Virginia v. Moore, 553 U.S. 164, 178 (20 08); United States v. Williams, 10 F.3d 1070, 1073–74 (4th Cir. 1993). ―‗Probable cause,‘ for Fourth Amendment purposes, means ‗facts and c ircumstances within the officer‘ s knowledge that are sufficient to warrant a prudent person, or one of r easonable
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