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

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38 unsupported leap in logic that, because she was all egedly handled with excessive force, there must be a polic y or custom, or lack of training, that led to such treatment. S uch ―naked assertion‖ fails on its face. See Revene, 882 F.2d at 875 (affirming the dismissal of a § 1983 claim alleging ― a municipal policy of inadequate training ‖ because there were ― not supporting facts of even the most general nature to suggest any specific deficiencies in training ‖ nor any facts suggesting that the incident at issue ― was anything but an aberrational act by an individual officer ‖); Allen v. City of Fredericksburg, No. 3:09CV63, 2011 WL 782039, at *8 (E.D. Va. Feb. 22, 2011) (unpublished) (finding a complaint insufficient to state a cause of action against the city or its police department as it was ―[c]ritically lacking‖ facts supporting the plaintiff‘s conclusory ―failure to train theory‖). Accordingly, the motions to dismiss Counts One and Seven filed by the City D efendants are granted. V. CONCLUSION As set forth above, the motion to dismiss filed by the City Defendants is GRANTED in its entirety. The motion to dismiss filed by Gayle is GRANTED as to all counts in the Complaint except the portion of Count Seven alleging § 1983 b ystander liability regarding Plaintiff‘s arrest; Gayle‘s mot ion is DENIED with respect to such claim. Officer Briggs‘ motion to dismiss
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