In response to WIN's complaint, Warheit filed a motion to dismiss. She asserted that WIN failed to allege facts on which relief could be granted under either the declaratory relief or
§ 1983 claim.
See Fed.R.Civ.P. 12(b)(6). The district court granted Warheit's motion in part and denied it in part. With regard to the declaratory relief claim, the district court determined that WIN had sufficiently alleged the unconstitutionality of
§ 42.17.090(1)(g), and had properly named former Executive Director Warheit, in her official capacity, as a defendant. With regard to WIN's
§ 1983 claim, however, the district court dismissed that claim, because WIN failed to allege how Warheit, in her individual capacity, had deprived anyone of any rights, privileges, or immunities secured by the Constitution or the laws of the United States; and, in the alternative, she was entitled to qualified immunity.