Stephens v. City of Topeka, Kan.

MEMORANDUM AND ORDER

RUSHFELT, United States Magistrate Judge.

The court has under consideration a Motion for Summary Judgment of Defendant City of Topeka, Kansas (doc. 49). Pursuant to Fed.R.Civ.P. 12(b)(1) and (b)(6), defendant seeks an order to dismiss the action of plaintiff for lack of subject matter jurisdiction and failure to stat.e a claim upon which relief can be granted. Alternatively, it seeks an order for summary judgment pursuant to Fed.R.Civ.P. 56. Plaintiff opposes the motion.

I. Subject Matter Jurisdiction

The court first addresses the motion to the extent it comes under…