Opinion
No. 4:11-CV-211-D
06-21-2012
JERRY L. PACE, SR., Administrator of the Estate of Jerry L. Pace, Jr., Plaintiff, v. STEVE SMITH, individually and in his capacity as former Chief of Police of the City of Williamston Police Department, North Carolina, et al., Defendants.
ORDER
On February 24, 2012, defendants filed a motion to dismiss for failure to state a claim [D.E. 13], along with a supporting memorandum [D.E. 14]. On March 23, 2012, plaintiff responded in opposition [D.E. 24], On the same day, plaintiff filed a motion to dismiss defendants' counterclaim for failure to state a claim [D.E. 26]. On April 13, 2012, defendants responded in opposition [D.E. 30]. The court has reviewed the plaintiffs complaint and defendants' counterclaim in light of the governing standard. See Fed. R. Civ. P. 12(b)(6); Ashcroft v. Iqbal, 556 U.S. 662, 677-84 (2009); Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007); Coleman v. Md. Ct. of Appeals, 626 F.3d 187,190 (4th Cir. 2010), aff'd, 132 S. Ct. 1327 (2012); Giarratano v. Johnson, 521 F.3d 298,302 (4th Cir. 2008); Goodman v. Praxair. Inc., 494 F.3d 458,464-65 (4th Cir. 2007) (en banc). The motions to dismiss [D.E. 13, 26] are DENIED.
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JAMES C. DEVER III
Chief United States District Judge