Lumley v. Town of Knightdale, North Carolina

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION NO. 5:23-CV-663-FL TYRONE LUMLEY, ) ) Plaintiff, ) ) v. ) ORDER ) TOWN OF KNIGHTDALE, NORTH ) CAROLINA, ) ) Defendant. ) This matter is before the court upon defendant’s motion to dismiss the complaint under Rule 12(b)(6) (DE 14). The motion has been briefed fully, and in this posture the issues raised are ripe for ruling. For the following reasons, the motion is granted in part and denied in part. STATEMENT OF THE CASE Plaintiff initiated this constitutional tort suit against his former employer…