Anthony Fox v. John Powell, et al.

Is this Court not required to protect the Constitution as envisioned by our founding fathers in the Eleventh Amendment of the Constitution and does not this case therefore present an important question of federal law that should be settled by this Court where a Motion to Dismiss pursuant to Rule of Civil Procedure 12 (b)(6) of the Rules of Civil Procedure was granted under the Eleventh Amendment in favor of the private defendants without the matter being evaluated to consider whether plaintiff should be permitted by Court Rule to conduct discovery and therefore has so far departed from the accepted and usual course of judicial proceedings and plaintiff had set forth in the complaint more than twenty specific acts against these defendants of violation of supervisory responsibility and does not this not result in the judicial abrogation of its duty to protect citizens at a time where the checks and balances mandated by the Constitution are under attack? (Suggested answer in the affirmative)