Gann v. Delaware State Hospital

OPINION

MURRAY M. SCHWARTZ, District Judge.

Plaintiffs Paul L. Gann and Ruth Ann Gann brought this suit as coadministrators of the Estate of John E. Gann and in their individual capacities alleging that defendants violated provisions of 42 U.S.C. §§ 1983 and 1988. Jurisdiction is based on 28 U.S.C. §§ 1331 and 1343. Presently before the Court is defendants’ motion to dismiss pursuant to Rules 12(b)(2) (lack of jurisdiction over the person) and 12(b)(6) (failure to state a claim upon which relief can be granted) of the Federal Rules of Civil Procedure.

Facts

In passing on defendants’ Rule 12(b)(6)…