MEMORANDUM OPINION
FARNAN, District Judge.
Pending before the Court is Defendant City Of Wilmington's Motion To Dismiss The Amended Complaint Pursuant To F.R.C.P. 12(b)(6). (D.I. 10.) For the reasons discussed, the Motion will be denied.
I. BACKGROUND
A. PROCEDURAL BACKGROUND
On May 21, 2008, Plaintiff Kenneth W. Hopkins ("Hopkins") initiated this action, asserting a claim against Defendant, the City of Wilmington, for...
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