James, who is an on-line professor, is traveling to New York City for a conference. Unfamiliar with the various neighborhoods in New York, James wanders into a rough neighborhood. Jack, who is a homeless man, confronts James. Jack, who is holding a pink super soaker water pistol, tells James to hand over all his cash or he will shot him in the face. James, who is a card-carrying member of the NRA and a fan of the 1970s Dirty Harry movies, pulls out a sawed off shotgun and shoots Jack in the leg resulting in Jack's hospitalization for three weeks. After recovers from his injuries, Jack files a lawsuit against James for assault, battery, intentional infliction mental distress and trespass to chattels and conversion via a pro se complaint. In response, James files a motion to dismiss arguing that Jack's complaint is with merit and fails to state any viable claims. If you were the judge how would you rule on James' motion to dismiss?

When analyzing this fact pattern, please assume that you are the judge evaluating the merits of James' motion to dismiss. Also, consider the impact of state law on the analysis of the parties' liability and defenses.