Strawser v. Strange

ORDER

CALLIE V.S. GRANADE, District Judge.

This matter is before the court on the motions of Defendant Don Davis and Defendant Tim Russell to dismiss pursuant to Rules 12(b)(1) and 12(b)(6) (Docs. 103, 108), and Plaintiffs’ opposition (Docs.l 06, 110). For the reasons explained below, the court finds that the motions to dismiss are due to be denied.

I. Dismissal Standard

The Defendants move for a dismissal of the Plaintiffs’ claims pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. A motion to dismiss pursuant to Rule 12(b)(1) chai-*1280lenges subject-matter jurisdiction…