INDEPENDENT LOCAL NEWSNewport News, Virginia
Back to the record

Document text · Page 32 of 39

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

Text from the approved public copy. Page numbers follow the PDF sequence.

Open Source Document

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.

32 Finding Plaintiff‘s allegations sufficient to state a § 1983 claim against Briggs, the Court must consider whether the doctrine of qualified immunity shields Briggs from liability. ―Qualified immunity protects officers who commit con stitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful. ‖ Henry v. Purnell, __ F.3d __, 2011 WL 2725816, at *4 (4th Ci r. July 14, 2011). In other words, municipal officers are immu ne from § 1983 liability unless a plaintiff‘s ―§ 1983 claim satisfies a two-prong test: (1) the allegations, if true, subst antiate a violation of a federal statutory or constitutional right and (2) the right wa s ‗clearly established‘ such that a reasonable person would have known his acts or omissions viola ted that right.‖ Brockington v. Boykins, 637 F.3d 503, 506 (4th Cir. 2011) (citing Ridpath v. Board of Governors Marshal l University, 447 F.3d 292, 306 (4th Cir. 2006)). Qualified immu nity provides ―an immunity from suit rather than a mere defense to liability,‖ Mitchell v. Forsyth, 472 U.S. 511, 526 (1985), and therefore ―should be resolved at the earliest possible stage of the litigation.‖ Anderson v. Creighton, 483 U.S. 635, 646 n.6 (1987). those complaints; and (3) the plaintiff experienced ‗some physical injury‘ resulting from the handcuffing‖). The instant facts are therefore distinguishable from the facts of Carter, and sufficiently state a § 1983 excessive force claim.
Jump to an indexed page (39 of 39)

Report a privacy or text-extraction issue through publication requests.