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

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9 within the Commonwealth with respect to the city‘s performance of ―governmental functions.‖ Niese v. City of Alexandria, 264 Va. 230, 238, 564 S.E.2d 127, 132 (2002); Gedrich v . Fairfax Cnty. Dept. of Family Services, 282 F. Supp. 2d 439 , 473-74 (E.D. Va. 2003). 6 Furthermore, it is axiomatic that the maintenance of a police department is a ―governmental function.‖ Niese, 264 Va. at 239, 564 S.E.2d at 132; see Carte r v. Morris, 164 F.3d 215, 221 (4th Cir. 1999) (―[I]t is plain that [sovereign immunity] extends to municipalities in t he exercise of their governmental functions, one of which is ce rtainly the maintenance of a police force.‖) (internal citation omitted). Virginia adheres to the principle that a city ‘s sovereign immunity for torts allegedly committed by police of ficers during the course of their employment is broad enough to r ender such city immune from liability for all forms of torts, including intentional torts. Niese, 264 Va. at 239, 564 S.E. 2d at 133 ; Harrison v. Prince William Cnty. Police Dept., 640 F. Supp. 2d 688, 712 (E.D. Va. 2009). Accordingly, here, the C ity of Newport News is immune from liability as to Counts Two through Six of the Complaint because each of such counts al leges a 6 Although the Commonwealth has abrogated some of it s sovereign immunity pursuant to the Virginia Tort Claims Act, the Act ―expressly disclaims any effort ‗ to remove or in any way diminish the sovereign immunity of any county, city , or town in the Commonwealth. ‘‖ Carter v. Morris, 164 F.3d 215, 221 (4th Cir. 1999) (quoting Va. Code Ann. § 8.01-195.3) (em phasis added).
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