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STATE OF RIDGEWAY
DETACHMENT_RESULT
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DOCKET NO. RSC-CV-5802
JUDGE. HON. Derogatoryyy
MOTION TO DISMISS
Plaintiff
v.
WATERAERO
Defendant
MOTION TO DISMISS
The Solicitor General’s Office, on behalf of Defendant wateraero, respectfully submits
this motion to dismiss to the Superior Court of Ridgeway. The Court ought to dismiss this case as
Plaintiff has failed to plead a claim in his civil complaint to a legally sufficient level to prevent a
qualified immunity defence.
Defendant does not presently dispute the factual allegations within the civil complaint as
is required to submit a motion to dismiss.
INTRODUCTION
The main purpose of qualified immunity is to “shield government officials from liability
for their official conduct.” Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc.,
506 U.S. 139 (1993). A government official is only held liable if “their conduct violated
well-established law and if they should have realized that their conduct was illegal.” Nixon v.
Fitzgerald, 457 U.S. 731, 764 (1982).
ARGUMENT
For a civil complaint to survive a motion to dismiss it must establish sufficient facts in
order to establish a valid claim of relief, see e.g., Bell Atlantic Corp. v. Twombly, 550 U.S. 544
(2007). Furthermore, in the case of a government official Plaintiff must clearly establish a
constitutional violation, see Wood v. Moss, 572 U.S. 744 (2014).
At no point within their civil complaint does Plaintiff clearly establish a constitutional
violation and therefore Defendant is entitled to assert qualified immunity.
CONCLUSION
Plaintiff’s failure to establish a constitutional violation within his civil complaint and
Defence’s subsequent assertion of qualified immunity means this case ought to be dismissed
/s/ EffortlessBrit
Deputy Solicitor General
Department of Justice
Counsel of Record
Dated: 07/19/2025
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Notes
Motion to dismiss acting as response to Plaintiff's civil complaint.
