Rule Statement

As established by Ashcroft v. Iqbal, Rule 8(a)(2) requires that a pleading contain a

short and plain statement of the claim. The plaintiff must make a prima facie case of a

valid claim. Conclusory legal statements do not suffice, and one must make a plausible

claim that suggests more than a mere possibility of misconduct. Also as seen in Haddle v.

Garrison, the factual allegations in the complaint must plead all elements of the legal

claim.

SET FORTH ELEMENTS TO ESTABLISH PRIMA FACIE

Analysis

The plaintiff states that she is a member of a protected class in her complaint,

however Ms. Patt fails to provide proof as to what makes her a member of this class.

Based on the precedent established in Ashcroft v. Iqbal, one must clearly back up their

claim with fact and Ms. Patt failed to do so in this regard. Ms. Patt also makes a claim

that the defendant rented the apartment to another person who does not have children

because upon her initial investigation no other renters at the Defendants apartment

building have children. This is a conclusory allegation because Ms. Patt provides no more

than her own belief that no other tenants have children. No factual supporting evidence is

offered. Ms. Patt also fails to establish whether she even qualified for the apartment in

question. Therefore Plaintiff has not established a prima facie case.

BECAUSE THERE IS NO EXPLANATION OF HOW P IS A MEMBER OF

PROTECTED CLASS, NOT PLAUSIBLE VIOLATION OF FHA

THUS DS 12B6 MOTINO SHOULD BE GRATNED