§Why CasetextPricing

Anderson et al v. Wyant et al

BRIEF in support of MOTION to dismiss 74

85 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,100 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,127 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Pearson v. Callahan

    555 U.S. 223 (2009)   Cited 23,479 times   8 Legal Analyses
    Holding that, while there is still a two-pronged test, courts of appeals can use their discretion as to which prong to address first

  4. Saucier v. Katz

    533 U.S. 194 (2001)   Cited 20,638 times   9 Legal Analyses
    Holding when a defendant seeks qualified immunity, "a ruling on that issue should be made early in the proceedings so that the costs and expenses of trial are avoided where the defense is dispositive."

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

    436 U.S. 658 (1978)   Cited 69,917 times   15 Legal Analyses
    Holding that "local government ... are 'persons'" for purposes of 42 U.S.C. § 1983

  6. Harlow v. Fitzgerald

    457 U.S. 800 (1982)   Cited 32,248 times   11 Legal Analyses
    Holding that public officials are entitled to a "qualified immunity" from "liability for civil damages insofar as their conduct does not violate clearly established . . . rights of which a reasonable person would have known"

  7. Anderson v. Creighton

    483 U.S. 635 (1987)   Cited 15,798 times   6 Legal Analyses
    Holding that "in the light of pre-existing law the unlawfulness [of the challenged action] must be apparent"

  8. Wilson v. Layne

    526 U.S. 603 (1999)   Cited 3,956 times   9 Legal Analyses
    Holding that officers’ conduct was reasonable where they followed a common police practice and no judicial opinions at the time prohibited the conduct

  9. Polk County v. Dodson

    454 U.S. 312 (1981)   Cited 9,626 times   1 Legal Analyses
    Holding that a public defender does not act "under color of state law" because he "works under canons of professional responsibility that mandate his exercise of independent judgment on behalf of the client" and because there is an "assumption that counsel will be free of state control"

  10. Collins v. Harker Heights

    503 U.S. 115 (1992)   Cited 5,007 times   1 Legal Analyses
    Holding that § 1983 "does not provide a remedy for abuses that do not violate federal law"

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 506,346 times   709 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 361,853 times   961 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,069 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  14. Section 300 - Project grants and contracts for family planning services

    42 U.S.C. § 300   Cited 204 times   8 Legal Analyses
    Directing the EPA to specify criteria under which filtration is required as a treatment technique

  15. Section 300j - Assurances of availability of adequate supplies of chemicals necessary for treatment of water

    42 U.S.C. § 300j   Cited 5 times

    (a) Certification of need application If any person who uses chlorine, activated carbon, lime, ammonia, soda ash, potassium permanganate, caustic soda, or other chemical or substance for the purpose of treating water in any public water system or in any public treatment works determines that the amount of such chemical or substance necessary to effectively treat such water is not reasonably available to him or will not be so available to him when required for the effective treatment of such water

  16. Section 325.1007 - Collecting and analyzing water samples; reporting results of analyses; failure of supplier to comply; appeal; disposition of administrative fines

    Mich. Comp. Laws § 325.1007

    (1) The supplier of water shall collect water samples or have them collected on a schedule at least equal to that outlined in the rules, shall cause those samples to be analyzed in the state laboratory or a laboratory certified by the department or by the United States environmental protection agency for contaminants listed in the state drinking water standards, and shall report the results of the analyses to the department in a timely manner as specified in the rules. (2) If a supplier of water