§Why CasetextPricing

WYATT v. DEPARTMENT OF PROBATION AND PAROLE

MEMORANDUM. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 5/8/20. 5/8/20 ENTERED AND COPIES

80 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,860 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Farmer v. Brennan

    511 U.S. 825 (1994)   Cited 55,421 times   18 Legal Analyses
    Holding that the deliberate indifference standard utilized for a conditions of confinement claim "is inappropriate . . . when officials stand accused of using excessive physical force."

  3. Neitzke v. Williams

    490 U.S. 319 (1989)   Cited 55,645 times
    Holding that "an in forma pauperis pro se complaint may only be dismissed as frivolous ... when the petitioner cannot make any claim with a rational or arguable basis in law or in fact"

  4. Heck v. Humphrey

    512 U.S. 477 (1994)   Cited 29,146 times   25 Legal Analyses
    Holding that a court must dismiss a § 1983 suit if a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence

  5. West v. Atkins

    487 U.S. 42 (1988)   Cited 34,311 times   1 Legal Analyses
    Holding that a state's delegation of its duty to provide medical care to prisoners rendered a contract physician a state actor

  6. Monell v. New York City Dept. of Social Services

    436 U.S. 658 (1978)   Cited 66,920 times   15 Legal Analyses
    Holding that "local government . . . are 'persons'" for purposes of 42 U.S.C. § 1983

  7. Wilson v. Seiter

    501 U.S. 294 (1991)   Cited 14,933 times   2 Legal Analyses
    Holding violation of Eighth Amendment requires "obduracy and wantonness" rather than "inadvertence or error in good faith"

  8. Kentucky v. Graham

    473 U.S. 159 (1985)   Cited 19,168 times   1 Legal Analyses
    Holding that "an official-capacity suit is, in all respects other than name, to be treated as a suit against the entity," and that "a plaintiff seeking to recover on a damages judgment in an official-capacity suit must look to the government entity itself"

  9. Rhodes v. Chapman

    452 U.S. 337 (1981)   Cited 13,866 times   1 Legal Analyses
    Holding that prisoners are entitled to "the minimal civilized measure of life's necessities"

  10. Preiser v. Rodriguez

    411 U.S. 475 (1973)   Cited 18,028 times   11 Legal Analyses
    Holding that because the prisoners sought the restoration of good time credits—and consequently speedier release—their claims implicated the duration of their confinement such that their sole remedy was by writ of habeas corpus

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 485,656 times   688 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 344,948 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  13. Section 1915 - Proceedings in forma pauperis

    28 U.S.C. § 1915   Cited 288,053 times   38 Legal Analyses
    Holding that, after a plaintiff is granted in forma pauperis status, "the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim on which relief may be granted"

  14. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 155,729 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  15. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,199 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  16. Section 1654 - Appearance personally or by counsel

    28 U.S.C. § 1654   Cited 4,797 times   11 Legal Analyses
    Granting defendants in federal cases the statutory right to self-representation

  17. Section 6138 - Violation of terms of parole

    61 Pa. C.S. § 6138   Cited 376 times
    Denying credit to parolees convicted of certain enumerated offenses or those subject to Federal removal orders