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Senator Edward Kennedy — Part 25
Page 79
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Plaintiff’s allegations in this action stem from his original
criminal conviction. Jones states that his constitutional rights
were violated during the course of his criminal proceedings and
that defendants engaged in a conspiracy to conceal the alleged
wrongdoing by depriving plaintiff of an evidentiary hearing with
respect to his post-conviction proceedings, denying plaintiff
access to the courts with respect to his subsequent civil, actions,
. concealing evidence relevant to plaintiff’s case, and refusing to
"enforce the provisions of the Constitution and laws of the United
States by the Judiciary and Executive Branches of Government in
cases of Poor and Black people." (Plaintiff’s Complaint, pp. 22-
23).
STANDARDS GOVERNING RULE 12(b) (6) DISMISSAL
Several motions to dismiss have been filed by various
defendants, most alleging that plaintiff has failed to state a
claim upon which relief may be granted and, therefore, plaintiff's
case must be dismissed. Federal Rule of Civil Procedure 12(b) (6).
It is well established that in ruling on a motion for failure to.
state a claim "that all well pleaded factual allegations in the
compiaint are true ‘and [the court must] construe the compiaint,
and all reasonable inferences arising therefrom, most favorably to
the pleader.’" Westcott v. City of Omaha, 901 F.2d 1486, 1488 (8th
Cir. 1990) (citing Merton v. Becker, 793 F.2d 185, 187 (8th Cir.
1986)). However, the liberality of this standard is applicable:
only to well pleaded facts (and inferences flowing ‘from these
facts). The court will not “blindly accept the legal conclusions
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