Grubb v. Hensley
1:21-cv-00037
N.D.W. Va.Sep 22, 2022Background
- Plaintiff Jordan Grubb sued WV State Police officers Jason Hensley and Jeremy Garrett arising from a March 16, 2019 domestic-dispute arrest, asserting § 1983 excessive-force, battery, and negligence claims.
- Complaint alleges that while handcuffed and unarmed Grubb was threatened with a taser, grabbed by the head, kneed, thrown to the ground, punched and kicked, and later punched in the back seat; he did not resist and sought medical care.
- Defendants filed a partial Rule 12(b)(6) motion to dismiss Count Three (simple negligence).
- Plaintiff expressly pleads the officers acted "within the scope of their employment."
- The court, accepting plaintiff’s factual allegations for the motion-to-dismiss analysis, granted the partial motion and dismissed Count Three with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a simple negligence claim can proceed against state police officers acting within scope of employment | Grubb alleges breach of duty and resulting injuries (simple negligence) | Qualified/official immunity bars mere negligence claims against state officers acting within scope | Dismissed: qualified immunity bars simple negligence claim against these state officers |
| Whether negligence claim is precluded where the alleged conduct is intentional | Count pleads harm from officers' conduct as a breach of duty (negligence) | Allegations describe intentional physical abuse; negligence and willfulness are mutually exclusive | Dismissed: allegations describe intentional acts, so a simple negligence theory cannot stand |
Key Cases Cited
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) (establishes the plausibility pleading standard)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009) (legal conclusions need not be accepted as true on a motion to dismiss)
- Anderson v. Sara Lee Corp., 508 F.3d 181 (4th Cir. 2007) (court accepts factual allegations as true at pleading stage)
- Jarvis v. W. Va. State Police, 711 S.E.2d 542 (W. Va. 2011) (official/qualified immunity bars mere negligence claims against state officers)
- Stone v. Rudolph, 32 S.E.2d 742 (W. Va. 1944) (negligence and willfulness are mutually exclusive under West Virginia law)
- Smith v. Lusk, [citation="533 F. App'x 280"] (4th Cir. 2013) (applying West Virginia law that a negligence claim cannot be based on intentional acts)