Cuvo v. De Bias

OPINION

GARDNER, District Judge.

This matter is before the court on Defendants’ Motion to Dismiss Pursuant to F.R.Civ.P. 12(b)(6) filed January 26, 2004. 1 For the reasons expressed below, we grant defendants’ motion to dismiss plaintiffs’ Complaint.

Because we conclude that probable cause existed to arrest plaintiff Jack Walter Cuvo, we dismiss Counts I, II, III, V and VI for failure to state a claim upon which relief can be granted. Furthermore, we dismiss Counts I and II of plaintiffs Complaint, as those counts may be interpreted to aver that that defendants violated the substantive due…