Rhode Island Affiliate, American Civil Liberties Union, Inc. v. Bernasconi

OPINION

FAY, Chief Justice.

This case comes before us on appeal from a Superior Court order granting the defendants’ motion to dismiss pursuant to Rule 12(b)(6) of the Superior Court Rules of Civil Procedure. The plaintiffs, Rhode Island Affiliate, American Civil Liberties Union (ACLU) and Steven Brown, Executive Director, contend that the trial justice erred in granting that motion.

Initially, we shall discuss our standard of review following the grant of a Rule 12(b)(6) motion. We have previously held that the sole function of a motion to dismiss is to test the sufficiency of the complaint.…