Brady v. Hopper

MEMORANDUM OPINION AND ORDER ON DEFENDANT’S MOTION TO DISMISS

JOHN P. MOORE, District Judge.

This matter comes before the Court on defendant’s motion to dismiss. Consequently, the well-pleaded allegations of fact must be accepted as true, and the facts must be construed in a light most favorable to the pleader. Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1973); Oppenheim v. Sterling, 368 F.2d 516 (10th Cir.1966), cert. denied 386 U.S. 1011, 87 S.Ct. 1357, 18 L.Ed.2d 441 (1967). Moreover, a complaint should not be dismissed for failure to state a claim unless it appears beyond…