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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(unpublished) (finding a complaint insufficient to state a cause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 Jump to an indexed page (39 of 39)