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For this Complainant alleges that his examination and arrest illustrated that the Defendants, acting under color of state law, treated him in a different way from others similarly situated. Count III is also brought pursuant to 1983 and alleges that the Defendants violated Complainant's First Amendment rights when they presumably produced charges against him in an effort to curb his exercise of safeguarded speech.


On March 4, 2008 the City moved to dismiss Counts I through III of Complainant's 3rd Amended Problem. The motion is completely informed and currently before the Court. As constantly, we take the accusations of the complaint as real and draw all sensible reasonings in favor of the plaintiff for purposes of figuring out whether it mentions a claim for relief under Rule 12(b)( 6 ).


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g., Sprint Spectrum L.P. v. City of Carmel, Ind., 361 F. 3d 998, 1001 (7th Cir. 2004). When examining a motion to dismiss under Rule 12(b)( 6 ), the court simply looks at the sufficiency of the problem, Swierkiewicz v. Sorema, N.A., 534 U.S. 506, 508 (2002 ); Johnson v. Rivera, 272 F. 3d 519, 520-21 (7th Cir.


See Mc, Cormick v. Related Source Here of Chi., 230 F. 3d 319, 323-26 (7th Cir. 2000) (pointing out Leatherman v. Tarrant County, 507 U.S. 163 (1993 )). Guideline 8(a) requires that a grievance include a "brief plain declaration of the claim revealing that the pleader is entitled to relief." Fed. R.Civ. P. 8(a). This brief plain declaration, however, need to suffice to provide the defendant fair notice of what the claim is and the grounds upon which it rests.


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HSBC Bank Nev., N.A., 507 F. 3d 614, 618 (7th Cir, 2007); see Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955, 1964-65 (2007 ). The problem must include adequate claims based on more than speculation to state a claim to relief that is possible on its face. E.E.O.C. v. Concentra Health Serv., Inc., 496 F. 3d 773, 776 (7th Cir.



To show an offense of 42 U.S.C. 1983, Plaintiff should reveal that the Offenders "denied him of a right protected by the Constitution or laws of the United States," which the

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