Legal Opinion

Pigott v. Ostulano

Norfolk County Circuit Court

Decided October 3, 2007No. Case No. 07-0482Published

1Opinion of the Court

By Judge Charles E. Poston

The defendants, Bruce P. Marquis and F. E. Emerson, have filed a Demurrer to the Plaintiffs Motion for Judgment and request that this Court dismiss the Plaintiffs case against them. Flaving considered the parties’ submissions and arguments of counsel, the Court holds that Plaintiffs tort claims against these Defendants are barred by the doctrine of sovereign immunity.

Factual and Procedural History

Plaintiff alleges that, in the early morning hours of November 13, 2005, Norfolk, Virginia, police officers T. Ostulano, K. M. Gross, S. McWhirter, L. A. Mason, J. M. Horn,…

2Cases cited16 opinions

  1. Carter v. MorrisCourt of Appeals for the Fourth Circuit · 1999
  2. First Virginia Bank-Colonial v. BakerSupreme Court of Virginia · 1983
  3. Hoggard v. City of RichmondSupreme Court of Virginia · 1939
  4. Hinchey v. OgdenSupreme Court of Virginia · 1983
  5. Ashbury v. City of NorfolkSupreme Court of Virginia · 1929

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