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

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30 she resisted arrest or attempted to flee from offic ers. Turmon v. Jordan, 405 F.3d 202, 207 (4th Cir. 2005) (quoti ng Graham, 490 U.S. at 396). Here, viewing the alleged facts in a light most fa vorable to Plaintiff, as required of the Court, the Court c annot find that Officer Briggs had probable cause to arrest Pl aintiff. The facts, as presented by Plaintiff, support the infer ence that Plaintiff gently touched her husband‘s wrist in an effort to calm him down. Accepting such facts as true, the C ourt cannot conclude that a reasonable officer would believe th at a battery, that is, an unwanted and unjustified touching, had been committed in his presence. Furthermore, even if the Court were to assume that Briggs had probable cause to arrest Plaintiff, Plaintiff n evertheless advances sufficient facts to state a plausible righ t to relief against Briggs based on the use of excessive force. The Complaint alleges that Officer Briggs over- tightened Plaintiff‘s handcuffs to the point of cutting off her circulati on, repeatedly refused to respond to Plaintiff‘s pleas to loosen the cuffs, and that Plaintiff suffered a serious and pe rmanent injury as a result. 17 There does not appear to be a strong 17 Briggs argues in support of dismissal that it was reasonable not to loosen P laintiff‘s handcuffs because there was ―no outward indication‖ that Plaintiff had suffered a s erious injury. (Briggs‘ Opp. Brief 14 , Dkt. No. 9). The facts,
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