Free Motion to Dismiss for Failure to State a Claim - District Court of Delaware - Delaware

Case 1:07-cv-00160-LPS

Document 4

Filed 04/20/2007

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE SHEILA LAND, Individually and as Guardian of RAZHON ANDRE BANKS, a minor and Charles J. Durante, Esq., Executor of the Estate of Charles Andre Banks, Plaintiffs, v. THE CITY OF DOVER and JOHN DOES 1-5 In their Individual and Official capacities, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) )

C.A. No.: 07C-160-UNA JURY TRIAL OF SIX DEMANDED

DEFENDANTS' MOTION TO DISMISS COUNTS I, II AND VI OF PLAINTIFFS' COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) Defendants, by and through their counsel, Marshall, Dennehey, Warner, Coleman & Goggin, hereby move to dismiss Counts I, II and VI of Plaintiffs' Complaint pursuant to Fed. R. Civ. P. 12(b)(6) for failure to state a claim upon which relief can be granted. In support of their Motion, Defendants rely upon the Opening Brief in Support of Defendants' Motion to Dismiss Counts I, II and VI of Plaintiffs' Complaint pursuant to Fed. R. Civ. P. 12(b)(6), filed simultaneously herewith. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN /s/ Daniel A. Griffith, Esquire DE ID 4209 DANIEL A. GRIFFITH, ESQUIRE Delaware Bar I.D. No. 4209 1220 N. Market Street P.O. Box 8888 Wilmington, DE 19899-8888 (302) 552-4317 Attorney for Defendants, The City of Dover and John Does 1-5 Dated: April 20, 2007