Byrd v. Cavenaugh

Blackburn, Presiding Judge.

In this action regarding the use of allegedly excessive force during an arrest, Teresa Gaye Byrd appeals the trial court’s dismissal of her action against Officer Brian Cavenaugh, contending that her complaint adequately stated a claim for damages for which relief could be granted. For the reasons set forth below, we must reverse.

The standard used to evaluate the grant of a motion to dismiss when the sufficiency of the complaint is questioned is whether the allegations of the complaint, when construed in the light most favorable to the plaintiff with all doubts…