MEMORANDUM
GILES, District Judge.
Defendant has moved pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss the complaint for failure to state a claim upon which relief can be granted. For the reasons stated below, the motion is denied.
I. FACTUAL BACKGROUND
The allegations of the complaint, which we assume to be true for the purposes of deciding this motion to dismiss, see, e.g., Jenkins v. McKeithen,
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