Green Ex Rel. Estate of Green v. City of Welch

MEMORANDUM OPINION AND ORDER

FABER, Chief Judge.

Pending before the court are defendants’ Motion to Dismiss (Doc. No. 10) and plaintiffs motion for a hearing on the same (Doc. No. 14). Having reviewed the parties’ briefs and determined that a hearing is unnecessary, the court denies plaintiffs motion. As set forth in detail below, the court also denies in part and grants in part defendants’ Motion to Dismiss.

I. FACTUAL BACKGROUND

Plaintiff Helen Green is the administra-trix of the estate of her late son, Claude Green, Jr. (Doc. No. 1 at 3.) Her complaint alleges that on June 21, 2005, her son,…