§Why CasetextPricing

Barber et al v. Rome Housing Authority et al

First MOTION to Dismiss for Failure to State a Claim

63 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,700 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. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,482 times   366 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. Pearson v. Callahan

    555 U.S. 223 (2009)   Cited 22,613 times   8 Legal Analyses
    Holding that a court may, without deciding whether there was a constitutional violation, look to the question of whether that right was "clearly established"

  4. Harlow v. Fitzgerald

    457 U.S. 800 (1982)   Cited 31,577 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"

  5. County of Sacramento v. Lewis

    523 U.S. 833 (1998)   Cited 8,742 times   7 Legal Analyses
    Holding that "only a purpose to cause harm unrelated to the legitimate object of arrest will satisfy the element of arbitrary conduct shocking to the conscience, necessary for a due process violation"

  6. Daniels v. Williams

    474 U.S. 327 (1986)   Cited 12,786 times   5 Legal Analyses
    Holding that "the Due Process Clause [of the Fourteenth Amendment] is simply not implicated by a negligent act of an official causing unintended loss of or injury to life, liberty, or property"

  7. Hudson v. Palmer

    468 U.S. 517 (1984)   Cited 12,441 times   13 Legal Analyses
    Holding that prisoners have no reasonable expectation of privacy

  8. Deshaney v. Winnebago Cty. Soc. Servs. Dept

    489 U.S. 189 (1989)   Cited 5,641 times   8 Legal Analyses
    Holding that negligence by a county social services department which left a child permanently brain damaged by his abusive father did not shock the conscience

  9. Gomez v. Toledo

    446 U.S. 635 (1980)   Cited 5,402 times   1 Legal Analyses
    Holding that defendant bears burden of pleading defenses

  10. Salahuddin v. Cuomo

    861 F.2d 40 (2d Cir. 1988)   Cited 3,177 times
    Holding that district court was "within bounds of discretion to strike or dismiss complaint for noncompliance with Rule 8" where complaint spanned "15 single-spaced pages," and contained "a surfeit of detail."

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 489,606 times   693 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 347,976 times   926 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 157,313 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  14. Section 50-E - Notice of claim

    N.Y. Gen. Mun. Law § 50-E   Cited 4,893 times   2 Legal Analyses
    Providing that an application for leave to serve a late notice of claim shall be made to “the supreme court or to the county court”

  15. Section 349 - Deceptive acts and practices unlawful

    N.Y. Gen. Bus. Law § 349   Cited 4,836 times   106 Legal Analyses
    Granting "any person who has been injured by reason of any violation of this section" the right to "bring an action in his own name"

  16. Section 157 - Claims and actions against authorities

    N.Y. Pub. Hous. Law § 157   Cited 158 times

    1. In every action or special proceeding, for any cause whatsoever, prosecuted or maintained against an authority, other than a claim arising out of a condemnation proceeding, the complaint or necessary moving papers shall contain an allegation that at least thirty days have elapsed since the demand, claim or claims upon which such action or special proceeding is founded were presented to the authority for adjustment and that it has neglected or refused to make an adjustment or payment thereof for