Lynn v. McElroy

LYNNE, Chief Judge.

This cause, coming on to be heard, was submitted to the court on a motion of the defendants, separately and severally, to dismiss plaintiff’s action. Essentially, defendants contend that the complaint fails to state a claim arising under the Constitution and laws of the United States and, there being no diversity, no jurisdiction is shown in this court of the case made by the complaint.

The complaint abounds in conclusions, but averments of fact characterizing the wrongs which the defendants are supposed to have committed are almost entirely, if not completely, nonexistent.…