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Ball et al v. Kasich et al

RESPONSE in Opposition re MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , [28] MOTION to Dismiss for Lack of Jurisdiction and to Dismiss Party, [27] MOTION to Dismiss

175 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,123 times   280 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. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,865 times   367 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Nat'l R.R. Passenger Corp. v. Morgan

    536 U.S. 101 (2002)   Cited 10,314 times   31 Legal Analyses
    Holding limitations period for hostile-work-environment claim runs from the last act composing the claim

  4. Gonzaga University v. Doe

    536 U.S. 273 (2002)   Cited 3,260 times   9 Legal Analyses
    Holding that nothing "short of an unambiguously conferred right ... support a cause of action brought under § 1983"

  5. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 11,929 times   14 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

  6. Auer v. Robbins

    519 U.S. 452 (1997)   Cited 2,342 times   90 Legal Analyses
    Holding that a federal agency's interpretation of a regulation is controlling where it is not "plainly erroneous or inconsistent with the regulation"

  7. Hunt v. Washington Apple Advertising Comm'n

    432 U.S. 333 (1977)   Cited 4,455 times   9 Legal Analyses
    Holding that North Carolina's statute banning state grading of apples was discriminatory even though six other states also had no state grading

  8. Arlington Heights v. Metropolitan Housing Corp.

    429 U.S. 252 (1977)   Cited 4,309 times   8 Legal Analyses
    Holding that plaintiffs need show only that "a discriminatory purpose has been a motivating factor in the decision," because, after all, "[r]arely can it be said that a legislature or administrative body operating under a broad mandate made a decision motivated solely by a single concern, or even that a particular purpose was the ‘dominant’ or ‘primary’ one."

  9. Green v. Mansour

    474 U.S. 64 (1985)   Cited 1,874 times
    Holding that notice relief was barred by sovereign immunity

  10. Havens Realty Corp. v. Coleman

    455 U.S. 363 (1982)   Cited 2,037 times   14 Legal Analyses
    Holding that an organization suffers injury in fact when its key activities are "perceptibly impaired" and its resources "consequent[ly] drain[ed]"

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 490,212 times   694 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 348,416 times   930 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 794 - Nondiscrimination under Federal grants and programs

    29 U.S.C. § 794   Cited 12,387 times   29 Legal Analyses
    Adopting ADA standards for Rehabilitation Act claims

  14. Section 12132 - Discrimination

    42 U.S.C. § 12132   Cited 8,266 times   11 Legal Analyses
    Prohibiting disability discrimination by public entities

  15. Section 1396a - State plans for medical assistance

    42 U.S.C. § 1396a   Cited 3,545 times   40 Legal Analyses
    Concluding paragraph, exception

  16. Section 2000d-7 - Civil rights remedies equalization

    42 U.S.C. § 2000d-7   Cited 737 times   4 Legal Analyses
    Abrogating state immunity for claims brought under Rehabilitation Act, Title VI, and Title IX

  17. Section 1396n - Compliance with State plan and payment provisions

    42 U.S.C. § 1396n   Cited 418 times   3 Legal Analyses
    Granting the Secretary authority to allow states to restrict choice of providers for Medicaid beneficiaries only when the restriction “does not discriminate among classes of providers on grounds unrelated to their demonstrated effectiveness and efficiency in providing those services”

  18. Section 12134 - Regulations

    42 U.S.C. § 12134   Cited 362 times
    Providing that regulations promulgated under the ADA shall be consistent with the Rehabilitation Act

  19. Section 10801 - Congressional findings and statement of purpose

    42 U.S.C. § 10801   Cited 231 times
    Prescribing mission of P&A organizations

  20. Section 10805 - System requirements

    42 U.S.C. § 10805   Cited 140 times
    Granting P&A organizations “authority to . . . pursue administrative, legal, and other appropriate remedies to ensure the protection of individuals with mental illness who are receiving care or treatment in the State”

  21. Section 35.130 - General prohibitions against discrimination

    28 C.F.R. § 35.130   Cited 1,592 times   6 Legal Analyses
    Finding discrimination in violation of ADA when disabled persons have unequal opportunity to participate in state services or unequal ability to realize the benefit of those services

  22. Section 84.4 - Discrimination prohibited

    45 C.F.R. § 84.4   Cited 133 times   1 Legal Analyses
    Requiring recipients of federal financial assistance from the agency to "afford handicapped persons equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement [as non-handicapped persons], in the most integrated setting appropriate to the person's needs"

  23. Section 41.51 - General prohibitions against discrimination

    28 C.F.R. § 41.51   Cited 118 times
    Implementing the RA's integration requirement

  24. Section 441.302 - State assurances

    42 C.F.R. § 441.302   Cited 54 times
    Requiring at least annual re-evaluations

  25. Section 441.303 - Supporting documentation required

    42 C.F.R. § 441.303   Cited 21 times
    Requiring states to indicate the enrollment limit for its waiver program

  26. Section 5123:2-1-08 - [Rescinded] Waiting lists

    Ohio Admin. Code 5123:2-1-08   Cited 3 times

    (A) Purpose This rule sets forth the requirements for waiting lists established by a county board pursuant to section 5126.042 of the Revised Code. (B) Definitions (1) "Alternative services" means the various programs, services, and supports, regardless of funding source, other than home and community-based services, that exist as part of the developmental disabilities service system and other service systems including, but not limited to: (a) Services provided directly by a county board; (b) Services

  27. Section 1326.21 - Requirements and authority of the State Protection and Advocacy System

    45 C.F.R. § 1326.21   Cited 2 times

    (a) In order for a State to receive Federal funding for Protection and Advocacy activities under this subpart, as well as for the State Council on Developmental Disabilities activities (subpart D of this part), the Protection and Advocacy System must meet the requirements of section 143 and 144 of the Act (42 U.S.C. 15043 and 15044 ) and that system must be operational. (b) Allotments must be used to supplement and not to supplant the level of non-Federal funds available in the State for activities

  28. Section 75.1 - Acronyms

    45 C.F.R. § 75.1   Cited 1 times

    The following acronyms apply to this part: CAS Cost Accounting Standards CFDA Catalog of Federal Domestic Assistance CFR Code of Federal Regulations CMIA Cash Management Improvement Act COG Councils Of Governments COSO Committee of Sponsoring Organizations of the Treadway Commission EPA Environmental Protection Agency ERISA Employee Retirement Income Security Act of 1974 (29 U.S.C. 1301 - 1461 ) EUI Energy Usage Index F & A Facilities and Administration FAC Federal Audit Clearinghouse FAIN Federal

  29. Section 370.4 - What kinds of activities may the Secretary fund?

    34 C.F.R. § 370.4   Cited 1 times

    (a) Funds made available under this part must be used for activities consistent with the purposes of this program, including- (1) Advising and informing clients, client-applicants, and individuals with disabilities in the State, especially individuals with disabilities who have traditionally been unserved or underserved by vocational rehabilitation programs, of- (i) All services and benefits available to them through programs authorized under the Act; and (ii) Their rights in connection with those

  30. Section 370.45 - What limitation applies to the pursuit of legal remedies?

    34 C.F.R. § 370.45   Cited 1 times

    A designated agency may not bring any class action in carrying out its responsibilities under this part. 34 C.F.R. §370.45 Authority: Section 112(d) of the Rehabilitation Act of 1973, as amended; 29 U.S.C. 732(d) 81 FR 55590, 9/19/2016