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Motion to Dismiss The State can steal your property and refuse to return it, through absolute immunity doctrines. . . . Legal Standard A motion to dismiss will be granted where it is clear that no relief could be granted under any set of facts that could be proven consistent with the allegations. "Dismissal is justified only when the allegations of the complaint itself clearly demonstrate that plaintiff does not have a claim." SA Wright & Miller, Federal Practice and Procedure § 1357; see also Bradberry v. Pinellas County, 789 F.2d 1513, 1515 (11th Cir. 1986). For the purposes of a motion to dismiss, the complaint is construed in the light most favorable to the plaintiff, and all facts alleged by the plaintiff are accepted as true. Hishon v. King & Spalding, 467 U.S. 69, 73, 81 L. Ed. 2d 59, 104 S. Ct. 2229 (1984). The issue is not whether the plaintiff will ultimately prevail, but "whether the claimant is entitled to offer evidence to support the claims." Scheuer v. Rhodes, 416 U.S. 232, 236, 40 L. Ed. 2d 90, 94 S. Ct. 1683 (1974). All the above is contingent upon the judge's (king's) discretion, full of bias and prejudices. Popular opinion will sway judges to rule according to "politically correct" norms. The Declaration of Independence declared the 13 colonies free from English rule, wherein the King of England denied citizens the right to petition the government for redress of their grievances. Ole English law reborn. Judicial authority is a "judge-made" rule of court. Federal and State Rule 12(b)(6), Motion to Dismiss.The State can steal your property and refuse to return it, through absolute immunity doctrines. |
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