DATE: March 27, 2016
TO: Mrs. H. Walton
FROM: Belinda McLemore
RE: Critical Thinking and Applications Problems
CRITICAL THINKING AND APPLICATIONS PROBLEMS
Chuck and Dewayne have been enemies since Dwayne's wife, Pam, left him and began living with Chuck. Dwayne is a county sheriff. One evening when Dwayne was on patrol, he notice Chuck driving down a desert road. Overcome with anger, Dwayne stopped Chuck. Chuck inquired what he had done wrong, Dwayne responded, “I'll find something.” He detained Chuck for more than 30 minutes. During that time, he inpected Chuck's vehicle and eventually arrested. Chuck for operating his vehicle with underinflated tires. At the probable cause hearing. Dwayne testified that he had pulled Chuck over for driving dangerously and having uderinflated tires. Chuck files a civil rights action under § 1983 against Dwayne, seeking an injunction prohiting Dwayne from harassing him futher, and also seeking both general and punitive damages. He alleges that Dwayne's behavior when he stopped and arrested Chuck and at the hearing violated Chuck's rights secured by the Constitution. Chuck also sues the county and state. Based on these facts, answer the following. Dwayne files a motion for dismissal of the entire action under Fed. R. civ. P. 12, claiming immunity. Should he prevail?
Rule 12(b)(6), permitting a motion to dismiss for failure of the complaint to state a claim on which relief can be granted, is substantially the same as the old demurrer for failure of a pleading to state a cause of action.
Soter on affidavits, depositions or otherwise, may not be introduced in support of the motion, or to resist itming that Chuck can prove his constitutional claims, can general dsmages be awarded? Punitive damages? Injunctive relief? Can Chuck prevail against the county? Against the state? What must be proven to be suessful against the county or the state?