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

Case 1:06-cv-00018-JJF

Document 38

Filed 12/20/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE H. LEIGHTON LASKEY, Plaintiff, v. PFC. ROBERT C. LEGATES, PFC. WHEATLEY TOWN OF MILLSBORO AND MILLSBORO POLICE DEPARTMENT, Defendants. ) ) ) ) ) ) ) ) ) ) ) )

C.A. No. 06-018-JJF

DEFENDANTS TOWN OF MILLSBORO AND MILLSBORO POLICE DEPARTMENT'S MOTION TO DISMISS PLAINTIFF'S "AMENDMENT" AND "AMENDED" COMPLAINT Pursuant to F.R.C.P. 12(b)6, Defendants Millsboro Police Department and Town of Millsboro move to dismiss Plaintiff's "Amendment" and "Amended" Complaint for failure to state a claim upon which relief can be granted. The grounds for defendants'

Motion are set forth in defendants' PFC Robert C. Legates and PFC Wheatley's Motion to Dismiss and Memorandum of Points and Authorities in Support Thereof. (D.I. 27). Defendants Town of

Millsboro and Millsboro Police Department hereby adopt and incorporate by reference herein the Memorandum of Points of Authorities in support of the individual Defendants' Motion to Dismiss Plaintiff's "Amendment" and "Amended" Complaint (D.I. 27).

Case 1:06-cv-00018-JJF

Document 38

Filed 12/20/2006

Page 2 of 2

WHEREFORE, defendants Millsboro Police Department and Town of Millsboro request that Plaintiff's "Amended" and "Amendment" Complaint be dismissed with prejudice for failure to state a claim upon which relief can be granted.

AKIN & HERRON, P.A. /s/ Bruce C. Herron Bruce C. Herron Attorney I.D. No.: 2315 1500 Shallcross Avenue, Suite 1-A Wilmington, Delaware 19806 (302) 427-6987 Attorney for Defendants Dated: December 20, 2006