Burke v. Green

OPINION

A. LEON HIGGINBOTHAM, Jr., District Judge.

INTRODUCTION

This action arises as a result of an alleged violation of plaintiffs’ Fifth Amendment rights. Jurisdiction was alleged in the original Complaint under Title 28 of the United States Code, Section 1346(a)(2). The defendants have moved to dismiss this action for want of jurisdiction under Rule 12(b)(1) and, for failure to state a claim upon which relief can be granted under Rule 12(b)(6) of the Federal Rules of Civil Procedure. However, since affidavits, exhibits and depositions were submitted in support of both the defendants’ motion…