The Original complaint was dismissed. This mess filed on 6/18/19, is new.
Unfortunately, the one we placed on the blog last week is the final suit.
We hope that legal insufficiency again can be found and the attorney representing Jasper can file another “motion to dismiss”.A motion to dismiss is a party’s request to a court to dismiss a case because of settlement, voluntary withdrawal, procedural defect or claim is one for which the law provides a remedy. Obviously, the first filing made prior to the one of June 18th, was deemed to weak a case and that is why a re-filing was made.
Some of the defenses the City of Jasper has to dismiss a case, per Rule 12(b) [ USCS Fed Rules Civ Proc R 12] include
Lack of personal jurisdiction
Lack of subject-matter jurisdiction
Insufficient service of process
Plaintiff’s failure to state a claim on which relief can be granted, and
Failure to join an indispensable party
The best thing which could happen is if the City of Jasper et al will file a motion to dismiss for failure to state a claim, which is governed by Rule 12(b)(6), claiming that even if all the plaintiff’s (Williams) allegations are true, they would not be legally sufficient to state a claim on which relief might be granted.
Karin for the blog