Sergio v. Doe

MEMORANDUM

LUDWIG, District Judge.

In this § 1983 action, the amended complaint asserts malicious prosecution and intentional infliction of emotional distress as actionable torts and outrageous conduct and loss of consortium as pendent state claims. Defendants move to dismiss for failure to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6). 1 Specifically, defendants claim that (1) plaintiffs were not deprived of any constitutional liberty or property interest; (2) Nancy Sergio lacks standing to assert a § 1983 claim; (3) defendants’ actions were at most negligent and,…