Hess v. Missouri Pacific Railroad

MEMORANDUM AND ORDER

STIEHL, District Judge:

Before the Court is a Motion to Dismiss plaintiff’s Amended Complaint pursuant to Fed.R.Civ.P. 12(b)(6). Plaintiff, Gerald E. Hess, seeks relief pursuant to Ill.Rev.Stat. 1985, ch. 110, ¶ 13-202, alleging that defendant caused a malicious prosecution against plaintiff.

To sustain a dismissal of a complaint under Fed.R.Civ.P. 12(b)(6), the court must take all well-pleaded allegations as true and construe the complaint in the light most favorable to the plaintiff to determine whether he is entitled to relief. Conley v. Gibson, 355 U.S. 41, 45-46, 78…