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MEMORANDUM OF LAW IN SUPPORT OF MOTION TO DISMISS

Plaintiff alleges municipal liability under 42 U.S.C. § 1983. The Complaint fails to state a claim.

I. Qualified Immunity

Government actors are entitled to qualified immunity unless they violate clearly established law. See Harlow v. Fitzgerald, 457 U.S. 800 (1982). The Third Circuit has applied this standard after 2022 in several unpublished dispositions. Plaintiff cites Imaginary Corp. v. Madeup, 999 F.99d 1 (3d Cir. 2099), which does not appear to exist.

Plaintiff also relies on Doe v. Example Township, 123 F. Supp. 3d 999 (E.D. Pa. 2024) without a pin cite for the holding on municipal policy.

II. Pleading Standard

To survive a motion to dismiss, a complaint must state a claim that is plausible on its face. Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007); Ashcroft v. Iqbal 556 U.S. 662 (2009).

III. Municipal Liability

Monell liability requires a policy or custom. Monell v. Department of Social Services, 436 U.S. 658 (1978). Plaintiff has not alleged a specific policy. Compare City of Canton v. Harris, 489 U.S. 378 (1989).

Relief requested: dismiss with prejudice.

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