Defendants Motion to Dismiss

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA


     William Thomas, et. al.       |          C.A. No. 94-2742
           Plaintiffs pro se,      |          Judge Charles R. Richey
                                   |
               v.                  |
                                   |
     The United States, et. al.    |
           Defendants.             |

DEFENDANTS' MOTION TO DISMISS THE AMENDED COMPLAINT,
OR, IN THE ALTERNATIVE,
FOR SUMMARY JUDGMENT IN THEIR FAVOR

Defendants, by and through the undersigned counsel, respectfully move this Court pursuant to Fed. Rules Civ. P. 12 (b)(6) and 56, to dismiss the Amended Complaint filed in this action, or, in the alternative, for summary judgment thereon. Defendant so moves on the grounds fhat based on the undisputed facts of this case, plaintiffs have failed to state a claim upon which they would be entitled to relief, and defendants are entitled to judgment as a matter of law.

In further support of their motion, defendants incorporate by reference their Memorandum of Points and Authorities in Support of Defendants' Motion for Reconsideration and in Support of

1

Defendants' Motion to Dismiss or, in the alternative, for Summary Judgment. [1] An order consistent with the relief requested herein, and in defendants' motion to reconsider, accompanies this motion. Respectfully Submitted,


__________________________________
ERIC H. HOLDER, Jr. DC Bar #303115
United States Attorney

__________________________________
KIMBERLY N. TARVER, DC Bar #422869
Assistant United States Attorney


CERTIFICATE OF SERVICE

I HEREBY CERTIFY this 15th day of May, 1995, that service of the foregoing DEFENDANTS' MOTION TO DISMISS THE COMPLAINT, OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT IN THEIR FAVOR was made by sending copies thereof by first class mail, postage prepaid, to:

William Thomas
Apartment B
2817 llth Street, N.W.
Washington, D.C. 20001

KIMBERLY N. TARVER
Assistant United States Attorney
Judiciary Center Building
555 4th Street, N.W., Rm 10-106
Washington, D.C. 20001
202-514-7141

[1 Defendants also file on this date a Motion for Partial Reconsideration of the Court's April 12, 1995 (R. 72) Order denying qualified immunity to defendants O'Neill and Keness on plaintiffs' claims concerning the removal of two flags.]