§Why CasetextPricing

Barber v. Vance et al

Motion to Dismiss for Failure to State a Claim and Response to Plaintiff's Motion for Declaratory Judgment on Claim 1.

56 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,784 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. Heck v. Humphrey

    512 U.S. 477 (1994)   Cited 29,233 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

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

    436 U.S. 658 (1978)   Cited 67,109 times   15 Legal Analyses
    Holding that "local government . . . are 'persons'" for purposes of 42 U.S.C. § 1983

  4. Connick v. Thompson

    563 U.S. 51 (2011)   Cited 7,038 times   3 Legal Analyses
    Holding that not even "four reversals could . . . have put Connick on notice that the office's Brady training was inadequate"

  5. Wilkinson v. Dotson

    544 U.S. 74 (2005)   Cited 6,137 times   2 Legal Analyses
    Holding that a prisoner in state custody cannot use a § 1983 action to challenge the fact or duration of his confinement, but must instead seek federal habeas corpus relief

  6. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 16,683 times   6 Legal Analyses
    Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

  7. Pennhurst State School Hosp. v. Halderman

    465 U.S. 89 (1984)   Cited 13,444 times   8 Legal Analyses
    Holding that sovereign immunity prohibits federal courts from "instruct[ing] state officials on how to conform their conduct to state law"

  8. Younger v. Harris

    401 U.S. 37 (1971)   Cited 16,710 times   14 Legal Analyses
    Holding that it was improper for the district court in that case to enjoin a state prosecution against Younger, in light of "the national policy forbidding federal courts to stay or enjoin pending state court proceedings except under special circumstances"

  9. Quern v. Jordan

    440 U.S. 332 (1979)   Cited 6,566 times
    Holding that § 1983 does not abrogate state sovereign immunity in federal court

  10. Edelman v. Jordan

    415 U.S. 651 (1974)   Cited 8,122 times   1 Legal Analyses
    Holding that waiver may be found in "express language" or by "overwhelming implications from the text"

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 486,959 times   689 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 345,981 times   922 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 156,250 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  14. Section 1981 - Equal rights under the law

    42 U.S.C. § 1981   Cited 37,882 times   236 Legal Analyses
    Granting equal rights to "make and enforce contracts" without regard to race

  15. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,286 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 1985 - Conspiracy to interfere with civil rights

    42 U.S.C. § 1985   Cited 19,829 times   10 Legal Analyses
    Concerning conspiracies to obstruct justice or intimidate a party, witness, or juror

  17. Section 2000d - Prohibition against exclusion from participation in, denial of benefits of, and discrimination under federally assisted programs on ground of race, color, or national origin

    42 U.S.C. § 2000d   Cited 4,147 times   13 Legal Analyses
    Prohibiting race discrimination in "any program or activity receiving Federal financial assistance"

  18. Section 106 - Exclusive rights in copyrighted works

    17 U.S.C. § 106   Cited 3,746 times   107 Legal Analyses
    Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”

  19. Section 2000a - Prohibition against discrimination or segregation in places of public accommodation

    42 U.S.C. § 2000a   Cited 1,550 times   3 Legal Analyses
    Covering places of "entertainment"

  20. Section 13981 - Transferred

    42 U.S.C. § 13981   Cited 292 times   2 Legal Analyses
    Providing that section 1367 shall not "be construed, by reason of a claim arising under such subsection, to confer on the courts of the United States jurisdiction over any State law claim seeking the establishment of a divorce, alimony, equitable distribution of marital property or child custody decree"