Davis v. Hawksley

This is an appeal from a judgment in a civil action. The trial justice, under Super. R. Civ. P. 12(b)(6), granted defendants’ motion to dismiss the plaintiff’s complaint for failure to state a claim upon which relief can be granted.

The plaintiff filed a complaint in the Superior Court alleging that Justice Needham, commissioned a colonel in the United States Army Reserve on May 9, 1973, and subsequently appointed, on May 7, 1974, to serve as a judge in the Superior Court, held both a federal office and a state office simultaneously in violation of the provisions of the Rhode Island…