PdfDefendant Motion To Dismiss (October 2019).pdf

DefendentMotionToDismiss_Lombardi.pdf
Preview of pdfDefendant Motion To Dismiss (October 2019)
🔗 Source: riaclu.org
📊 Size: 378 KB
👤 Author: dejoseph_k
⬇️ Downloads: 165

Summary

Defendant Gina Raimondo, Governor of Rhode Island, moves to dismiss the complaint filed by plaintiffs James Lombardi and Joshua Davis, inmates sentenced to life, who challenge the constitutionality of Rhode Island's "civil death statute" (R.I. Gen. Laws § 13-6-1) as it applies to them. Plaintiffs allege the statute violates their rights under the First, Fifth, Seventh, Eighth, and Fourteenth Amendments, as well as 42 U.S.C. § 1983, by potentially preventing them from pursuing negligence and Eighth Amendment claims in state court. The defendant argues that plaintiffs lack standing, fail to state a claim, and their allegations lack merit as a matter of law, and alternatively, that the court should abstain due to speculation about unsettled state law.

Description

Defendant Gina Raimondo, Governor of Rhode Island, moves to dismiss the complaint filed by plaintiffs James Lombardi and Joshua Davis, inmates sentenced to...

Technical Information

  • File Format: PDF
  • File Size: 378 KB
  • Pages: 40
  • Language: EN
  • Author: dejoseph_k
  • Total Downloads: 165
  • Last Updated: 13 hours ago

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