BANZIGER v. CITY OF FRANKLIN et al
| ROCHELLE BANZIGER |
| ANDREW BREWER, CITY OF FRANKLIN, SHAWN HENSON and WAL-MART STORES INC. |
| 1:2017cv00755 |
| March 10, 2017 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Debra McVicker Lynch |
| Jane Magnus-Stinson |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
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ORDER - Plaintiff Rochelle Banziger's Amended Complaint alleges several constitutional and state law claims against a variety of defendants after Ms. Banziger suffered injuries during an incident at a Walmart. [Filing No. 32 .] Ms. Banziger all eges only a state law assault claim against Wal-Mart Stores East, LP, which operates the Walmart store, and Andrew Brewer (collectively, "Walmart"), the Walmart employee who allegedly initiated the confrontation that resulted in her injurie s. Walmart now moves to dismiss Ms. Banziger's assault claim for failure to plausibly allege an assault under Indiana law. [Filing No. 41 .] For the reasons in this Order, the Court DENIES Walmart's Motion to Dismiss. Even post-Twombly and Iqbal, "the bar to survive a motion to dismiss is not high." Bonte v. U.S. Bank, N.A., 624 F.3d 461, 463 (7th Cir. 2010). The purpose of Rule 12(b)(6) motions remains solely to test the legal sufficiency of a plaintiff's complaint. Ms. Banziger's Amended Complaint meets this standard. For the reasons in this Order, the Court DENIES Walmart and Mr. Brewer's Motion to Dismiss. [Filing No. 41 .] (See Order). Signed by Judge Jane Magnus-Stinson on 9/18/2017. (APD)
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