STATE OF RIDGEWAY
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DOCKET NO. RSC-CV-297
Plaintiff
v.
RELL99K, in his official capacity as an
officer of the Palmer Police Department.
Defendant
DEFENDANT’S MOTION TO DISMISS
The State of Ridgeway moves to dismiss the above-named suit.
INTRODUCTION
Per the Plaintiff’s civil complaint, this suit is challenging that the Defendant in the matter,
unlawfully and arbitrarily shot and killed the Plaintiff. The Plaintiff in this case has failed to
properly state a claim that would entitle him to the relief that he has requested under the civil
torts labeled as 5 R. Stat. Sec. 205 (Negligence) and to 5 R. Stat. Sec. 209 (Wrongful Death).
The Plaintiff, in their civil complaint, alleged that the Defendant was liable of the tort for
5 R. Stat Sec. 206 (Negligence Per Se), however, the Plaintiff noted in parentheses that the
correct tort was for negligence, so we have construed it to be as such. See Plaintiff’s Complaint,
at 1.
This suit should be dismissed because the Plaintiff failed to properly state a claim that
would entitle them to the relief that they have requested, as well as the fact that the Plaintiff
never attempted to mediate with the Attorney General, neither under Bommes’ administration,
nor under Clifford’s administration.
ARGUMENT
I. FAILURE TO MAKE A PROPER PLEADING THAT ENTITLES THE
PLAINTIFF TO RELIEF REQUESTED
The plaintiff in this matter alleged that the named defendant, rell99k, in his official
capacity as a Palmer Police Department (hereinafter referred to as “PPD”) officer at the time,
was “wrongfully shot dead by the Defendant in his capacity as a PPD agent.” See Plaintiff’s
Complaint, at 1. The Plaintiff also alleges that the Defendant was negligent in his duties,
however, the Plaintiff has failed to establish a proper pleading that would entitle him to the relief
that he has requested. The tort of negligence, in accordance with the 5 R. Stat. § 205, declares
that one may be found liable for negligence when “[the] individual … owes a duty of care to
another individual, and that other individual suffers injury as a result of a breach of that duty to
care is negligence ...” The plaintiff has failed to establish the connection between themselves,
and the Defendant. There has been no establishment or inclusion of anything that formulates a
potential duty of care between the two, as well as the failure to demonstrate the breach of the
duty. With the absence of any allegation of a duty that the Defendant had owed to the Plaintiff,
there can be no proper establishment regarding how the Plaintiff suffered an injury as the result
of the breach of duty, in this case the lack thereof, between themselves and the Defendant.
Therefore, with the abovementioned arguments acknowledged, the Plaintiff has failed to make a
proper pleading regarding how the Defendant was negligent in his duties as a PPD Officer.
The Plaintiff also alleged that the Defendant was liable of 5 R. Stat § 209, the tort for
“Wrongful Death,” which is construed as the event where “[an] individual … causes the death of
another without legal cause or justification …” The Plaintiff failed to establish that the
Defendant had no “legal cause or justification” to shoot and kill the Defendant. Therefore, the
Plaintiff has also failed to make a proper pleading regarding how the Defendant killed the
Plaintiff wrongfully.
For the aforementioned reasons, this suit should be dismissed due to the Plaintiff’s failure
to make a proper pleading that would entitle them to the relief that they have requested in their
complaint.
I. THE PLAINTIFF FAILED TO MAKE ANY ATTEMPT TOWARDS
MEDIATION
As per the Rid. Judiciary Act (2022), to enter a suit against an agent of the government,
or the government itself, the Plaintiff must at least make an attempt to settle the matter through
mediation with the Attorney General of the State of Ridgeway prior to having their case heard in
the Superior Court. See 2 R. Stat. § 240; see also Rid. Judiciary Act (2022) (6.5)(b)(i).
The Plaintiff in this matter has not made any claim pertaining to an attempt to mediate the
issue with the Attorney General, therefore, their case cannot be heard before this court. “No case
against an agent of; or the government shall be heard by the civil courts without there first being
an attempt at mediation” Id.
CONCLUSION
For the reasons above, this suit must be dismissed.
CLIFFORD2
Solicitor General
Department of Justice
TURNTABLE5000
Assistant Solicitor General
Department of Justice
Counsel of Record
Date: April 25th, 2022
