Delaware State Troopers Lodge, Fraternal Order of Police, Lodge 6 v. O'Rourke

BROWN, Vice Chancellor.

In this action the defendants have moved to dismiss the complaint pursuant to Rule 12(b)(6) for failure to state a claim against them upon which relief can be granted. The defendant O’Rourke is the Secretary of the Department of Public Safety of the State of Delaware and the defendant Cochran is the Superintendent of the Delaware State Police. * They are sued in their official capacities by the Delaware State Troopers Lodge, Fraternal Order of Police, Lodge # 6 (hereafter “F.O.P. # 6”).

For the purpose of a Rulé 12(b)(6) motion all well-pleaded allegations of the…