O'Ferrell v. United States

MEMORANDUM OPINION

ALBRITTON, District Judge.

This cause is before the court on the Motion to Dismiss, or in the alternative, Motion for Summary Judgment, filed by defendant FBI Special Agent Stephen E. Brannan on December 10, 1997. Brannan’s motion and the response from the Plaintiffs rely on matters outside of the pleadings; therefore, the motion is due to be treated as a motion for summary judgment. See Fed. R. Civ. Proc. 12(b). For the reasons stated below, the motion is due to be GRANTED in part and DENIED in part.

I. SUMMARY JUDGMENT STANDARD

Under Federal Rule of Civil Procedure 56(c),…