Free Order on Motion to Dismiss/Failure to State Claim - District Court of Delaware - Delaware

Case 1:06-cv-00046-JJF Document 50 Filed 07/10/2007 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RICARDO A. DE LOS SANTOS MORA, ;
Plaintiff, ;
v. : Civil Action No. 06—46—JJF
A. SCOTT DAVIS and HARRINGTON :
POLICE DEPARTMENT, :
Defendants. :
ORDER
WHEREAS, Defendant Harrington Police Department (“Harrington
P.D.”) has filed a Motion To Dismissl (D.I. 41) pursuant to Fed.
R. Civ. P. 12(b)(6);
WHEREAS, in support of its motion, Harrington P.D. contends
that Plaintiff has failed to state a claim against it and that
Plaintiff’s claims are barred by the applicable statute of
limitations;2
WHEREAS, former defendant M. Jane Brady filed a similar
motion to dismiss (D.I. 21) raising the same grounds for _
dismissal, which the Court granted on March 30, 2007 (D I. 40);
WHEREAS, in dismissing Plaintiff's claims against M. Jane
Brady, the Court noted that, though Plaintiff alleged he was a Q
’ Harrington P.D. captioned the present motion as a “Motion 5
For Summary Judgment,” but at all other times referred to it as a ~
motion to dismiss. Because it is apparent that the caption was Y
in error, the Court will construe the motion as a Motion To Q
Dismiss, as Harrington P.D. intended. `
2 While it appears that Plaintiff's claims are time—barred, E
the Court is focusing the grounds for dismissal on Plaintiff’s
failure to state a claim against Harrington P.D.

Case 1:06-cv-00046-JJF Document 50 Filed 07/10/2007 Page 2 of 2
victim of a tort committed in violation of the Vienna Convention,
he had failed to allege causation and damages because the
criminal charges filed against him would have continued
regardless of whether Plaintiff was provided with consular notice
(see D.I. 39};
WHEREAS, the Court finds that Plaintiff’s claims against
Harrington P.D. suffer from the same defect and therefore fail to
allege causation and damages, which are two elements necessary to
state a claim;
NOW THEREFORE IT IS HEREBY ORDERED that Defendant Harrington
Police Department’s Motion To Dismiss (D.I. 41) is GRANTED.
July L 2007 .4* ue JU/V‘¤*·-#
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