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Immunity on Rape Claim Against Officer

A woman who alleges she was raped by the city police officer dispatched to her home in response to her call to be transported to a hospital because of breathing difficulties cannot sue the city on a claim of negligence, and the Norfolk Circuit Court grants the city’s plea of governmental immunity.

Plaintiff alleges no official policy or customary practice of the city. She argues the officer’s actions were the result of supervisory neglect. Plaintiff concedes she has no evidence of any other similar occurrence of alleged supervisory neglect. She argues it is sufficient to infer the existence of other incidents from the particulars of this incident.

The complaint alleges only the events of this incident. Not even one other similar incident is alleged. The facts alleged are insufficient to state a cause of action against the city.

The city’s demurrer is granted.

Allen v. New & City of Norfolk (Doyle) No. CL 10-5321, Oct. 14, 2011; Norfolk Cir.Ct.; Thomas B. Shuttleworth for plaintiff; Wayne Ringer, Chief Dep. City Att’y. VLW 011-8-198, 3 pp.

VLW 011-8-198

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