DISTRICT COURT OF THE STATE OF RIDGEWAY
COUNTY OF RIDGEWAY
Detachment_Result,
-against-
AlexanderLuthorJr,
Defendant.
Case No. RSC-CV-5938
MOTION TO DISMISS
Defendant, AlexanderLuthorJr, respectfully moves this Honorable Court to dismiss
the Complaint filed by Plaintiff Detachment_Result in its entirety, on the grounds that
the Complaint fails to state a claim upon which relief can be granted.
INTRODUCTION
1. The Plaintiff has filed a two-count Complaint against the Defendant alleging
Wrongful Death and the tort of Trover.
2. Even when accepting the Plaintiff’s factual allegations as true for the purposes of
this motion, the Complaint fails as a matter of law.
3. The Wrongful Death claim fails because the Plaintiff’s own pleading establishes a
scenario of confrontation that does not plausibly negate the legal justification of
self-defense. The allegations are merely conclusory and do not meet the required
pleading standard to proceed.
4. The Trover claim fails because the Plaintiff's own narrative of events provides a
clear legal justification—necessity—for the Defendant's actions, rendering the
claim facially implausible.
5. For these reasons, as detailed below, the Complaint must be dismissed.
LEGAL STANDARD
A motion to dismiss for failure to state a claim tests the legal sufficiency of a
complaint. To survive a motion to dismiss, a complaint must contain sufficient
factual matter, accepted as true, to “state a claim to relief that is plausible on its
face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atlantic Corp. v. Twombly,
550 U.S. 544, 570 (2007)). While the court must accept all of the complaint's factual
allegations as true, it is “not bound to accept as true a legal conclusion couched as a
factual allegation.” Id. A claim is facially plausible when the plaintiff pleads factual
content that allows the court to draw the reasonable inference that the defendant is
liable for the misconduct alleged.
ARGUMENT
I. The First Cause of Action for Wrongful Death Fails to State a Plausible Claim
for Relief.
To state a claim for wrongful death, the Plaintiff must allege facts showing that the
Defendant caused a death “without legal cause or justification.” 1 R. Stat. § 3109.
While Plaintiff's Complaint recites this legal element (Complaint, ¶ 11), it fails to
allege sufficient facts to make the claim plausible.
The Complaint alleges that the Defendant “pulled in front of the armored truck,
essentially preventing it from leaving” and that Plaintiff “got out of their truck to
confront the situation” (Complaint, ¶ 4-5). The Plaintiff’s own choice of the word
“confront” is telling. It describes an action of aggressive opposition, not one of
peaceful inquiry. The Complaint then makes the conclusory leap that Defendant
shot Plaintiff “at point-blank range” without provocation.
However, the facts as pleaded by the Plaintiff—an armed security guard exiting an
armored vehicle to “confront” a civilian—establish a context where a reasonable
person could feel threatened. The Complaint is devoid of any factual allegations to
suggest the confrontation was non-threatening. It does not allege that the Plaintiff's
weapon was holstered, that he spoke in a calm manner, or that he kept a safe
distance. Without such facts, the bare allegation that the shooting was “without legal
cause” is a legal conclusion that the Court should not accept. The facts pleaded by
the Plaintiff are just as consistent with a lawful act of self-defense as they are with a
wrongful act. Therefore, the Plaintiff has not “nudged [his] claims across the line
from conceivable to plausible,” and the First Cause of Action must be dismissed. See
Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007).
II. The Second Cause of Action for Trover Fails Because the Complaint’s Own
Allegations Establish a Justification for the Taking.
The Plaintiff's second cause of action alleges Trover under 1 R. Stat. § 3113, which
holds that “Any individuals who wrongfully takes another’s personal property
without legal reason or justification is trover...” To state a claim, the Plaintiff must
plead facts that make it plausible the taking was, in fact, “wrongful” and “without
legal reason or justification.” The Plaintiff has failed to do so.
The Complaint alleges a specific sequence of events: first, a shooting, and second,
the taking of the rifle. (Complaint, ¶ 5, 13). The Complaint does not allege the rifle
was taken before the confrontation; it alleges it was taken from the Plaintiff after he
had been shot.
On the face of the complaint, an affirmative defense of necessity is established. After
a violent confrontation resulting in the discharge of a firearm, securing any and all
weapons at the scene is a necessary and legally justifiable act to ensure the safety of
the defendant and the public. An unsecured firearm at the scene of a shooting
presents an immediate and obvious danger. Securing that weapon is not a
“wrongful” act; it is a prudent and necessary one.
The Plaintiff pleads no facts to counter this clear justification. It does not allege the
Defendant fled with the rifle, attempted to sell it, or did anything other than secure
it at the scene. The complaint relies entirely on the conclusory statement that the
taking was “wrongful.” This is precisely the kind of “naked assertion[] devoid of
further factual enhancement” that the Supreme Court has held is insufficient to state
a claim. “A pleading that offers “labels and conclusions” or “a formulaic recitation
of the elements of a cause of action will not do.” 550 U.S., at 555, 127 S.Ct. 1955. Nor
does a complaint suffice if it tenders “naked assertion[s]” devoid of “further factual
enhancement.” Id., at 557, 127 S.Ct. 1955” Furthermore, because the Plaintiff's own
narrative provides a clear legal justification for the Defendant’s action, the claim of
Trover is not plausible and must be dismissed.
CONCLUSION
For the foregoing reasons, Defendant AlexanderLuthorJr respectfully requests that
this Court grant this Motion and dismiss Plaintiff's Complaint in its entirety, with
prejudice.
Respectfully submitted,
Dated: July 17, 2025
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