Danielle Ex Rel. Komando v. Adriazola

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS DEFENDANTS ADRIAZOLA, FYFFE, WORSLEYAND KEARNEY

HUCK, District Judge.

THIS CAUSE is before the Court upon the Second-Amended Motion to Dismiss Defendants Adriazola, Fyffe, Worsley, and Kearny, filed on June 24, 2003 [DE # 6] (“Second-Amended Motion”). These Defendants move to dismiss on several grounds, including failure to state a claim upon which relief can be granted, qualified immunity, and Plaintiff’s lack of capacity to sue. Plaintiff contests each of these arguments, contending the Complaint sufficiently states a claim under 42 U.S.C. § 1983…