Kimner

I. Background

20 Defendant Berkeley County is located in South Carolina and is a political subdivision of 21 the state of South Carolina. Compl. at 2, Dkt. No. 1; Motion at 3. Ms. Kimner is a citizen of 22 California residing in Carmel, California. Compl. at 1. Ms. Kimner has filed suit in this Court 23 demanding $5,000,000 in damages from Berkeley County due to allegations that Berkeley County 24 was responsible for improperly possessing Ms. Kimner’s real property and funds in South 25 Carolina and for improperly jailing Ms. Kimner. Id. at 4–5. Ms. Kimner’s allegations against 26 Berkeley County stem from various orders issued by Berkeley County Family Court in a divorce 27 Case No.: 5:20-cv-07563-EJD proceeding. Compl. at 4–5, 15, 17–20, 27–31, 56, 59–61; Motion at 5; see also Kimner v. Kimner, 2008-DR-08-02160. II. Discussion A. Failure to State a Claim under Rule 12(b)(6) In deciding a motion to dismiss under Rule 12(b)(6), courts must accept as true all “well- pleaded factual allegations” in a complaint. Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009). Further, courts must draw all reasonable inferences in the light most favorable to the…