STATE OF RIDGEWAY
COUNTY OF RIDGEWAY
MXRLSX,
Plaintiff,
v.
L3_G0.
Defendant.
)
)
)
)
)
)
)
)
)
)
)
)
IN THE SUPERIOR COURT
OF RIDGEWAY COUNTY
Case No. RSC-CV-2164
MEMORANDUM IN SUPPORT OF MOTION TO DISMISS
Defendant L3_G0, by and through his undersigned counsel, and pursuant to Rid. R. Civ.
P. 12(a)(5), respectfully requests this Court to dismiss Plaintiff’s Complaint, with prejudice, for
failure to state a claim upon which relief can be granted. Attached hereto this document is a
Memorandum in Support of Defendant’s Motion to Dismiss.
Respectfully Submitted.
STICKZA
Solicitor General
Ridgeway Department of Justice
1 Annex Street
Government Annex, 2nd Floor
Palmer, RW 33328
Counsel of Record
Oral arguments requested.
i.
Table of Contents
TABLE OF CONTENTS .............................................................................................................i
INTRODUCTION .......................................................................................................................1
ARGUMENT ...............................................................................................................................1
I. The Complaint Fails to Sufficiently Plead a Cause of Action ...................................1
A. Standard of Review ........................................................................................1
B. The Facts Set Forth in Plaintiff’s Complaint Do Not Sustain Any
Plausibility Under The Twobmly Standard ...................................................2
CONCLUSION ............................................................................................................................3
1
INTRODUCTION
This civil lawsuit arises out of an arrest made by Defendant, a State Trooper, which resulted
in charges of ATM fraud against Plaintiff. On or near January 20, 2024, Defendant responded to
an alarm indicating that an ATM robbery was taking place at the Sterling Heights gas station. Upon
arrival, Plaintiff, with the back of his vehicle to the ATM, was in his vehicle about to leave.
Defendant immediately began investigating the scene and requested Plaintiff to step out of his
vehicle. Plaintiff was apprehensive, but eventually exited his vehicle, pleading that he “didn’t do
[the crime].” Defendant, with probable cause to believe that Plaintiff had committed a crime
pursuant to Ridgeway State Code, detained and transported Plaintiff to a local station where he
was formally charged under § 4.10 – ATM fraud. Plaintiff filed suit the same day.
However, Plaintiff has not—and cannot—plead a cause of action that would entitle him to
relief under Ridgeway law. The mere recitation of events that took place on the day of the arrest
do not give rise to a cause of action, and without further analysis of the claims’ standards, this
Court is without guidance as to whether it can issue relief or not. Accordingly, even if the Court
disagrees and affirms that Plaintiff’s three-sentence factual allegations are sufficient to
demonstrate that the defendant is liable, there is still no indication that Plaintiff is entitled to relief
under state statute. Without pleaded legal grounds to bring a suit, relief cannot be granted in
Plaintiff’s favor. As such, it is imperative that this Court dismiss the above-entitled matter.
ARGUMENT
I. The Complaint Fails to Sufficiently Plead a Cause of Action.
A. Standard of Review.
A wealth of precedent confirms that in any civil action, the plaintiff bears an obligation to
include “a short and plain statement of the claim showing that the pleader is entitled to relief.” See
2
Rid. R. Civ. P. 8(a)(1).1 Indeed, for any civil action to commence, there must exist facts that are
“plausible on [their] face.” See Bell Atlantic Corp. v. Twombly, 550 US 544, 570 (2007). But even
if this Court took the facts set forth in Plaintiff’s Complaint as true, it would not be enough to
sustain his claims. See Ashcroft v. Iqbal, 556 U.S. 662, 664 (2009) (holding that claims can be
dismissed if “it appears beyond doubt that the plaintiff can prove no set of facts in support of his
claim which would entitle him to relief.”). As such, this Court should dismiss his claims.
B. The Facts Set Forth in Plaintiff’s Complaint Do Not Sustain Any
Plausibility Under The Twobmly Standard.
It is a well-understood rule that, for a claim to have facial plausibility, that the plead facts
“allow the court to draw the reasonable inference that the defendant is liable for the misconduct
alleged.” Id. (quoting Twombly, 544 U.S. at 556). However, the Complaint only pleads three
bullets, and in those bullets, no reasonable person—let alone a court—could infer that Defendant,
in the course of his official duties as a State Trooper, violated any right afforded to Plaintiff as a
citizen of Ridgeway. Indeed, the Complaint is only a mere recitation of miniscule details relating
to the arrest, and all standards for a cause of action are omitted.
The facts are threefold:
a. “On the 20th of January, the defendant arrives at Sterling Heights Gas Station
responding to an ATM robbery;
b. [t]he defendant would then go on to block the plaintiff, Mxrlsx, in his car
detaining him at around 01:53 (1:53am EST); and
1 See also Lazerify v. StudsPerSecond, 1 Rid. 101, 104 (2023).
3
c. [p]laintiff asks for a supervisor and is then taken to RSCO Sub-Station by the
defendant where he would be detained for around 17 minutes and booked for
§ 4.10 - ATM Fraud at 02:10 (2:10am EST).”
Plaintiff’s Complaint, RSC-CV-2164.
Other than the prayer for relief, the aforementioned facts are what the claims in this case
are hinged on, and under the Twombly standard, they are not plausible in nature. For the first cause
of action, Plaintiff does not allege that Defendant, without legal justification, “restrain[ed] or
restrict[ed] [his] movement within an area…” See 1 R. Stat. § 3104. As to the second cause of
action, there exists no statutory definition of what constitutes an unlawful arrest, and as such, the
claim holds no bearing toward this Court’s issuance of relief, if any at all. For the third and final
cause of action, the facts set forth in the Complaint must plausibly state, at a bare minimum, that
Defendant, a public servant, “commit[ted] an act relating to his office, but constitut[ing] [an]
unauthorized exercise of his official functions, knowing that such act is unauthorized…” Id. at §
3114. Mere speculation of how the claims is being alleged does not suffice.
CONCLUSION
For the foregoing reasons, this Court should, if anything, dismiss the Complaint with
prejudice for failure to state a claim.
Respectfully Submitted.
STICKZA
Solicitor General
Ridgeway Department of Justice
1 Annex Street
Government Annex, 2nd Floor
Palmer, RW 33328
Counsel of Record
4
STATE OF RIDGEWAY
COUNTY OF RIDGEWAY
MXRLSX,
Plaintiff,
v.
L3_G0.
Defendant.
)
)
)
)
)
)
)
)
)
)
)
)
IN THE SUPERIOR COURT
OF RIDGEWAY COUNTY
Case No. RSC-CV-2164
CERTIFICATE OF SERVICE
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on the date indicated below, a copy of the foregoing
document was served on the following parties at their last-known contact information
electronically through Discord as follows:
MXRLSX
Pro-Se Litigant
(No Existing Bar No.)
Plaintiff
DATED: January 20, 2024
Respectfully Submitted.
STICKZA
Solicitor General
Ridgeway Department of Justice
1 Annex Street
Government Annex, 2nd Floor
Palmer, RW 33328
Counsel of Record
