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    Bernstein v. Sims, Motion To Dismiss

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    Stephen Horn
    Document 17, "Dismiss for Failure to State a Claim", in the Bernstein v. Sims filed in the federal Eastern District of North Carolina (Sep 22, 2022) https://www.courtlistener.com/docket/63628765/bernstein-v-sims/

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    Bernstein v. Sims, Motion To Dismiss

    Uploaded by

    Stephen Horn
    52 views4 pages
    Document 17, "Dismiss for Failure to State a Claim", in the Bernstein v. Sims filed in the federal Eastern District of North Carolina (Sep 22, 2022) https://www.courtlistener.com/docket/63628765/bernstein-v-sims/

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    Bernstein v. Sims, Motion to Dismiss (17)

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    Document 17, "Dismiss for Failure to State a Claim", in the Bernstein v. Sims filed in the federal Eastern District of North Carolina (Sep 22, 2022) https://www.courtlistener.com/docket/63628765/bernstein-v-sims/

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    52 views4 pages

    Bernstein v. Sims, Motion To Dismiss

    Uploaded by

    Stephen Horn
    Document 17, "Dismiss for Failure to State a Claim", in the Bernstein v. Sims filed in the federal Eastern District of North Carolina (Sep 22, 2022) https://www.courtlistener.com/docket/63628765/bernstein-v-sims/

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    You are on page 1of 4

    IN THE UNITED STATES DISTRICT COURT

    FOR THE EASTERN DISTRICT OF NORTH CAROLINA


    WESTERN DIVISION
    5:22-CV-277-BO-KS

    LYNN BERNSTEIN )
    )
    Plaintiff, )
    )
    v. )
    )
    GARY SIMS, individually and in his official )
    capacity as Director of Elections for the Wake )
    County Board of Elections; and WAKE COUNTY )
    BOARD OF ELECTIONS )
    )
    Defendants. )

    DEFENDANTS’ MOTION TO DISMISS

    NOW COME the defendants, GARY SIMS, individually and in his official

    capacity as Director of Elections for the Wake County Board of Elections, and WAKE

    COUNTY BOARD OF ELECTIONS by and through counsel, pursuant to Fed. R. Civ. P.

    12(b)(6) hereby Move to Dismiss Count I styled “Violations of the First Amendment”

    pursuant to 42 U.S.C. § 1983; Count II styled “Violations of the Equal Protection Clause

    of the Fourteenth Amendment” pursuant to 42 U.S.C. § 1983; Count III styled “Violations

    of the Due Process Clause of the Fourteenth Amendment” pursuant to 42 U.S.C. § 1983;

    Count IV styled “Retaliation for Exercising Rights Guaranteed by the First Amendment”

    pursuant to 42 U.S.C. § 1983; Count V styled “Violations of the North Carolina

    Constitution”; Count VI, “Common Law Assault”; Count VII, plaintiff’s state law claim

    styled “Common Law Defamation” and Count VIII styled “Declaratory Judgment Relief”

    on the grounds that these Counts fail to state claims upon which relief may be granted.

    1
    Case 5:22-cv-00277-BO-KS Document 17 Filed 09/22/22 Page 1 of 4
    WHEREFORE, defendants pray the Court enter judgment dismissing this case as

    to all defendants with prejudice and for any other relief as to the court may seem just.

    Respectfully submitted this the 22nd day of September, 2022.

    /s/ Scott W. Warren


    Scott W. Warren, NCSB # 14349
    County Attorney
    /s/ Roger A. Askew
    Roger A. Askew, NCSB # 18081
    Senior Deputy County Attorney
    /s/ Allison P. Cooper
    Allison P. Cooper, NCSB # 34160
    Deputy County Attorney
    Office of the Wake County Attorney
    Post Office Box 550
    Raleigh, North Carolina 27602
    Phone: (919) 856-5500
    Fax: (919) 856-5504
    Attorneys for Defendants

    2
    Case 5:22-cv-00277-BO-KS Document 17 Filed 09/22/22 Page 2 of 4
    IN THE UNITED STATES DISTRICT COURT
    FOR THE EASTERN DISTRICT OF NORTH CAROLINA
    WESTERN DIVISION
    5:22-CV-277-BO-KS

    LYNN BERNSTEIN )
    )
    Plaintiff, )
    )
    v. )
    )
    GARY SIMS, individually and in his official )
    capacity as Director of Elections for the Wake )
    County Board of Elections; and WAKE COUNTY )
    BOARD OF ELECTIONS )
    )
    Defendants. )

    The undersigned hereby certifies that the foregoing DEFENDANTS’ MOTION

    TO DISMISS was electronically filed with the Clerk of Court using the CM/ECF filing

    system and served via electronic transmission through the Court’s CM/ECF system in

    accordance with Rule 5(b)(2)(D) of the Federal Rules of Civil Procedure and applicable

    local rules upon the CM/ECF participants:

    B. Tyler Brooks
    Law Office of B. Tyler Brooks, PLLC
    P.O. Box 10767
    Greensboro, NC 27404
    btb@btylerbrookslawyer.com

    Meredith Woods Hubbard


    Hubbard Law Firm
    150 Fayetteville Street
    Suite 300
    Raleigh, NC 27601
    meredith@hubbardlawnc.com

    3
    Case 5:22-cv-00277-BO-KS Document 17 Filed 09/22/22 Page 3 of 4
    This the 22nd day of September, 2022.

    /s/ Roger A. Askew


    Roger A. Askew
    Senior Deputy Wake County Attorney
    Post Office Box 550
    Raleigh, North Carolina 27602
    Phone: (919) 856-5500
    Fax: (919) 856-5504

    4
    Case 5:22-cv-00277-BO-KS Document 17 Filed 09/22/22 Page 4 of 4

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