Roberson v. Winston County Sheriff's Department

Full title: JESSE JAMES ROBERSON, PLAINTIFF, v. WINSTON COUNTY SHERIFF'S DEPARTMENT…

Court: United States District Court, N.D. Mississippi, Eastern Division

Date published: Mar 18, 2002

No. 1:00CV415-D-A (N.D. Miss. Mar. 18, 2002)

Opinion

No. 1:00CV415-D-A

March 18, 2002

ORDER DENYING DEFENDANT'S MOTION TO DISMISS

GLEN H. DAVIDSON, Chief United States District Judge

Presently before the court is the Defendant Winston County Sheriff's Department's Motion to Dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Considering only the pleadings in this action, and taking the facts alleged in the complaint as true, the court finds that the Defendant has failed to show that "it appears certain that the plaintiff cannot prove any set of facts that would entitle it to the relief it seeks." See CC. Port, Ltd. v. Davis-Penn Mortgage Co., 61 F.3d 288, 289 (5th Cir. 1995). As such, the Defendant's motion to dismiss under Rule 12(b)(6) shall be denied.

THEREFORE, it is hereby ORDERED that the Defendant's motion to dismiss (docket entry 39) is denied.

SO ORDERED.