Rascon v. U S West Communications Inc‪.‬

Defendants appeal the district courts partial denial of their motion to dismiss Plaintiffs complaint for failure to state a claim upon which relief can be granted. Defendants argue that the district court erred by (1) refusing to convert their Fed.R.Civ.P. 12(b)(6) motion to dismiss to a Fed.R.Civ.P. 56 motion for summary judgment and (2) denying their defense of qualified immunity.