UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

HAMMOND DIVISION

MAURICE BROWN, )

)

Plaintiff, )

)

v. ) Case No. 2:15-cv-00361-JVB-JEM

)

INDIANA BUREAU OF MOTOR )

VEHICLES, IBMV, )

)

Defendant. )

DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S COMPLAINT

Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) Defendant Indiana 

Bureau of Motor Vehicles (“BMV”), by counsel, Philip A. Gordon, Deputy Attorney General,

requests that this Court dismiss Plaintiff’s Complaint because this Court lacks subject-matter 

jurisdiction and Plaintiff fails to state a claim upon which relief can be granted. This Motion is 

timely as Defendant’s answer deadline has not yet passed. In support, the Defendant shows the 

court as follows:

1. On September 21, 2015, Plaintiff Maurice Brown filed his petition for redress of 

grievance regarding his suspension of driving privileges. 

2. Plaintiff’s complaint complains of an administrative decision and an administrative 

request for material error review to which the agency has yet to make a final 

determination. See Dkt. No. 1, p. 2, ¶ 12.

3. Plaintiff’s petition purports to make the suspension of his driving privileges for a 

three month period into a federal constitutional question, all while his request for 

material error review remains pending. As such, his claims are not ripe for 

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adjudication as he fails to sufficiently allege the deprivation of a constitutional right, 

and therefore there is no federal question to be addressed. 

4. Defendant has Eleventh Amendment Immunity from suit. 

5. In addition, Plaintiff’s petition for redress of grievance is not sufficient for the 

purposes of complying with Rule 8(a)(2) of the Federal Rules of Civil Procedure.

6. Accordingly, Plaintiff’s Complaint should be dismissed pursuant to Federal Rule of 

Civil Procedure 12(b)(6) because it fails to state a claim against this Defendant, and 

pursuant to Federal Rule of Civil Procedure 12(b)(1) because this Court lacks subject 

matter jurisdiction.

7. A memorandum of law is filed contemporaneously with this Motion and is 

incorporated herein by reference.

WHEREFORE, the BMV respectfully request that the Court dismiss Plaintiff’s 

Complaint, and for all other just and proper relief. 

Respectfully submitted,

GREGORY F. ZOELLER

Indiana Attorney General 

Attorney No. 1958-98

By: /s/ Philip A. Gordon

Philip A. Gordon

Deputy Attorney General 

Atty. No.: 31321-49

Indiana Government Center South, 5th Fl.

302 West Washington Street 

Indianapolis, IN 46204-2770

Phone: (317) 232-6217

Fax: (317) 232-7979 

E-Mail Philip.Gordon@atg.in.gov

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CERTIFICATE OF SERVICE

I hereby certify that on October 16, 2015, a copy of the foregoing Defendant’s Motion to 

Dismiss Plaintiff’s Complaint was filed electronically using the Court’s CM/ECF system. 

Parties may access this filing using the Court’s system. 

I also certify that a copy was mailed, by first class U.S. Mail, postage prepaid and 

properly addressed to the following non-CM/ECF participant:

Maurice Brown

7338 Calumet Avenue

Hammond, IN 46324

Pro Se Plaintiff

/s/ Philip A. Gordon

Philip A. Gordon

Deputy Attorney General

Office of Attorney General

Indiana Government Center South – 5th Floor

302 West Washington Street

Indianapolis, IN 46204-2770

Telephone: (317) 232-6217

Fax: (317) 232-7979

Email: Philip.Gordon@atg.in.gov

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