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Senator Edward Kennedy — Part 25
Page 80
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drawn by the pleader from the facts." Westcott, 901 F.2d at 1488
(citing Mergan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir.
1987)). Dismissal under Rule 12(b)(6) is not proper “unless it
appears beyond doubt that the plaintiff can prove no set of facts
in support of his claim which would entitle him to relief." Conley
vy. Gibson, 355 U.S. 41, 45-46 (1957). Dismissal of an action is
warranted if the “allegations of constitutional violations are
unsupported by sufficient facts to identify the nature of [the]
alleged injury." Yancey v. Alexander, 724 F.2d 93, 94 (8th Cir.
1983).
Within the specific context of civil rights actions, the
Eighth Circuit has held that complaints "are to be liberally
construed." Kaylor v. Fields, 661 F.2d 1177, 1182-83 (8th Cir.
1981); Nickens v. White, 536 F.2d 802, 803 (8th Cir. 1976).
However, this liberality does not allow a plaintiff to plead mere
conclusions unsupported by specific facts. Kaylor, 661 F.2d at
1183. After thorough review of plaintiff’s seven amended
complaints, it appears that plaintiff, for reasons:-to-be. explained.
in this Order, can prove no set of facts in support of his claim
which would entitle him to relief. Conley v- Gibson, 355 U.S. at
45-46.
Pending before this Court are motions by defendants to dismiss
plaintiff’s complaint with respect to named Justices, Judges, Law
Clerks, Court Clerks and Judicial Councils. In plaintiff’s.,
complaint, plaintiff names as defendants the sitting Justices of )
the United States Supreme Court and several retired Justices,
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