Case 1:16-cv-00540-AJT-MSN Document 37 Filed 07/28/17 Page 10 of 20 PageID# 3266
which require only “a short and plain statement of the claim showing that the pleader is entitled
to relief.” Fed. R. Civ. P. 8. Nevertheless, while Rule 8 does not require “detailed factual
allegations,” a plaintiff must still provide “more than labels and conclusions, and a formulaic
recitation of the elements of a cause of action will not do.” Bell Atlantic Corp. v. Twombly, 550
U.S. 544, 555 (2007) (A complaint “must be enough to raise a right to relief above the
speculative level” to one that is “plausible on its face.”); see also Giarratano v. Johnson, 521
F.3d 298, 302 (4th Cir. 2008). As the Supreme Court stated in Ashcroft v. Iqbal, 556 U.S. 662,
678 (2008), “[a] claim has facial plausibility when the plaintiff pleads factual content that allows
the Court to draw a reasonable inference that the defendant is liable for the conduct alleged.”
III.
ANALYSIS
Plaintiff’s Amended Complaint contains the following eight counts:
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Count I: Violation of the First Amendment (against Defendants LCSB, Hornberger, Rose,
Fox, Turgeon, Kuesters, Morse, Maloney, and Dekenipp)
•
Count II: Violation of the First Amendment: Retaliation (against Defendants LCSB,
Stephens, Hornberger, Rose, Fox, Turgeon, Kuesters, Morse, Maloney, Dekenipp, and
Devlin)
•
Count III: Substantive Due Process: Fourteenth Amendment Right to Participate in
Education of Children (against Defendants LCSB, Stephens, Hornberger, Rose, Fox,
Turgeon, Kuesters, Morse, Maloney, Sheridan, Dekenipp, and Devlin)
•
Count IV: Violation of First Amendment and Substantive Due Process: Free Speech PTA
Meetings (against Defendants LCSB, Stephens, Hornberger, Rose, Fox, Turgeon,
Kuesters, Morse, Maloney, Sheridan, Dekenipp, and Devlin)
•
Count V: First Amendment and Substantive Due Process: Assembly (against Defendants
LCSB, Stephens, Hornberger, Rose, Fox, Turgeon, Kuesters, Morse, Maloney, Sheridan,
Dekenipp, and Devlin)
•
Count VI: Procedural Due Process (against Defendants LCSB, Stephens, Hornberger,
Rose, Fox, Turgeon, Kuesters, Morse, Maloney, Sheridan, Dekenipp, and Devlin)
•
Count VII: Equal Protection (against Defendants LCSB, Stephens, Hornberger, Rose,
Fox, Turgeon, Kuesters, Morse, Maloney, Dekenipp, and Devlin)
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