MEMORANDUM OPINION
SCOTT REED, Senior District Judge.
INTRODUCTION
This matter is before the court on the motion of the defendants to dismiss the plaintiff's claims against them, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, for failure to state a claim upon which relief can be granted. In the alternative, the defendants seek to have the court grant a motion for summary judgment, pursuant to Rule 56(c), because there
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