Legal Opinion

Eberhardt v. O'Malley

District Court, N.D. Illinois

Decided May 6, 1993No. 92 C 6787Published

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

ANDERSEN, District Judge.

Defendants bring a motion to dismiss plaintiffs complaint for failure to state a claim on which relief can be granted pursuant to Rule 12(b)(6) of the Fed.R.Civ.P. For the following reasons, defendants’ motion is granted.

FACTS

The court accepts the following relevant allegations in plaintiffs complaint as true for purposes of this motion to dismiss:

Plaintiff, Stephen E. Eberhardt, was hired in 1982 as an Assistant State’s Attorney in Cook County, Illinois to work in the Appeals Division. In 1990, plaintiff began working on a “fictional novel…

2Cases cited16 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
  3. Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983
  4. Bishop v. WoodSupreme Court of the United States · 1976
  5. Charles E. Egger v. Harlan C. PhillipsCourt of Appeals for the Seventh Circuit · 1983

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