Barry v. Blue Springs R-IV School District

ORDER

BARTLETT, District Judge.

Defendant filed a motion to dismiss pursuant to Fed.R.Civ.P. 12(b) and filed an affidavit and exhibits with its motion. The Court has not excluded these items and pursuant to Rule 12(b) will treat and refer to this motion as one for summary judgment. The plaintiff has been given ample opportunity to present any other material made pertinent to such motion.

In considering a motion for summary judgment, the law in this Circuit is stringent.

This Circuit has repeatedly emphasized the drastic nature of the summary judgment remedy. It should not be granted unless the…