isbelief of a complaint's factual allegations"); Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40

104 L.Ed.2d 338 (1989} (" Rule 12(b}(6} does not countenance . . . dismissals based on a judge's disbelief of a complaint's factual allegations"}; Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974} (a well-pleaded complaint may proceed even if it appears "that a recovery is very

of 50 Case 9:08-cv-80811-KAM Document 47 Entered on FLSD Dock'e(03/12/2009 Page 4 of 21 C.M.A. v. Epstein, et al. Page 4 factual allegations"); Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974) (a well-pleaded complaint may proceed even if it appears "that a recovery is very

104 L.Ed.2d 338 (1989) (" Rule 12(b)(6) does not I countenance ... dismissals b sed on a judge's disbelief of a complaint's factual allegations"). Scheuer . Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974) (a we -pleaded complaint may proceed even if it appears "that a recovery is very r

y prevail in a trial on the merits, but whether they should be afforded an opportunity to offer evidence in support of their claims." /d. (citing Scheuer I Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974), overruled on other grounds, Harlow Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727, 73

192 Case 9:08-cv-80811-KAM Document 47 Entered on FLSD Docket 03/12/2009 Page 4 of 21 C.M.A. v. Epstein, et al. Page 4 factual allegations"). Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974) (a well-pleaded complaint may proceed even if it appears "that a recovery is very

7. 104 L.Ed.2d 338 (1989) (" Rule 12(b)(6) does not countenance ... dismissals based on a judge's disbelief of a complaint's factual allegations"); Scheuer v. Rhodes, 416 U.S. 232. 236. 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974) (a well-pleaded complaint may proceed even if it appears "that a recovery is very

7, 104 L.Ed.2d 338 (1989) (" Rule 12(b)(6) does not countenance ... dismissals based on a judge's disbelief of a complaint's factual allegations"); Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974) (a well-pleaded complaint may proceed even if it appears "that a recovery is very

7, 104 L.Ed.2d 338 (1989) (" Rule 12(b)(6) does not countenance ... dismissals based on a judge's disbelief of a complaint's factual allegations"); Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974) (a well-pleaded complaint may proceed even if it appears "that a recovery is very

7, 104 L.Ed.2d 338 (1989) (" Rule 12(b)(6) does not countenance ... dismissals based on a judge's disbelief of a complaint's factual allegations"); Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974) (a well-pleaded complaint may proceed even if it appears "that a recovery is very

27, 104 L.Ed.2d 338 (1989) (" Rule 12(bX6) does not countenance ... dismissals based on a judge's disbelief of a complaint's factual allegations"); Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974) (a well-pleaded complaint may proceed even if it appears "that a recovery is very

ely prevail in a trial on the merits, but whether they should be afforded an opportunity to offer evidence in support of their claims." Id. (citing Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974), overruled on other grounds, Harlow v. Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727, 7

ely prevail in a trial on the merits, but whether they should be afforded an opportunity to otter evidence in support of their claims." Id. (citing Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974), overruled on other grounds, Harlow v. Fitzgerald. 457 U.S. 800, 102 S.Ct. 2727, 7

ly prevail in a trial on the merits, but whether they should be afforded an opportunity to offer evidence in support of their claims." Id. (citing Scheuer v. Rhodes, 416 U.S. 232, 236 (1974), overruled on other grounds, Harlow v. Fitzgerald, 457 U.S. 800 (1982)). The defendants raise several arguments

, 436 U.S. 478, 516-17, 98 S.Ct. 2894, 2915-16, fi7 L.Ed.2d 895 (1978). Oth- er executive officials are entitled to quali- fied immunity, see, e.g.. Scheuer v. Rhodes, 416 U.S. 232, 247-49, 94 S.Ct. 1688, 1691- 92, 40 LEd.2d 90 (1974) (state executive officials), as are prosecutorial activities that ar

7. 104 L.Ed.2d 338 (1989) (" Rule 12(b)(6) does not countenance ... dismissals based on a judge's disbelief of a complaint's factual allegations"); Scheuer v. Rhodes, 416 U.S. 232, 236. 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974) (a well-pleaded complaint may proceed even if it appears "that a recovery is very

, 104 L.Ed.2d 338 (1989) ( Rule 12(b)(6) does not I countenance ... dismissals b sed on a judge's disbelief of a complaint's factual allegations"); Scheuer . Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974) (a we -pleaded complaint may proceed even if it appears "that a recovery is very r