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Senator Edward Kennedy — Part 25

249 pages · May 11, 2026 · Broad topic: Politics & Activism · Topic: Senator Edward Kennedy · 249 pages OCR'd
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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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