And evidence surrounding the requisite intent is once again lacking. Cf. Redman v. Morehead, 2012 WL 1253108, *3 (D. Or. Apr. 13, 2012) (“[a]llegations that a defendant engaged in an intentional act likely to result in [harmful or offensive] contact are not sufficient, and the ability of a court to infer subjective intent to cause harm is limited to situations where such intent is the only inference that may be drawn from the circumstances”). Defendants' motion is granted as to plaintiffs' battery claim.
Gakk Inc. v. Acceptance Cas. Ins. Co., No. CV 09-6282-MO, 2010 WL 3259905, at *2 (D. Or. Aug. 16, 2010). See also Redman v. Morehead, No. 3:12-CV-11-AC, 2012 WL 1253108, at *3 (D. Or. Apr. 13, 2012)(same). Plaintiff asserts Officer Durbin knew when he insisted she lie face down and then handcuffed her that she was not supposed to lie on her chest because she had a "botched mastectomy" and a collapsed expander.
Gakk Inc. v. Acceptance Cas. Ins. Co., No. CV 09-6282-MO, 2010 WL 3259905, at *2 (D. Or. Aug. 16, 2010). See also Redman v. Morehead, No. 3:12-CV-11-AC, 2012 WL 1253108, at *3 (D. Or. Apr. 13, 2012)(same). II. Analysis