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Barnes et al v. District of Columbia

Memorandum in opposition to re MOTION to Dismiss or in the alternative for Summary Judgment

17 Cited authorities

  1. Crawford-El v. Britton

    523 U.S. 574 (1998)   Cited 4,032 times   2 Legal Analyses
    Holding that plaintiff may pursue ordinary discovery into official's intent for claims having intent element notwithstanding irrelevance of intent to qualified immunity defense

  2. McGary v. City of Portland

    386 F.3d 1259 (9th Cir. 2004)   Cited 761 times
    Holding that, to state a claim that a public program or service violated Title II of the ADA, a plaintiff must show: he is a "qualified individual with a disability;" he was either excluded from participation in or denied the benefits of a public entity's services, programs, or activities, or was otherwise discriminated against by the public entity; and such exclusion, denial of benefits, or discrimination was by reason of his disability"

  3. Warren v. District of Columbia

    353 F.3d 36 (D.C. Cir. 2004)   Cited 471 times
    Holding factual statements, in which the plaintiff alleged that prison officials “stuck the same needles in everybody's arms”, sufficient to state a claim of a custom or policy causing a constitutional violation

  4. Atchinson v. District of Columbia

    73 F.3d 418 (D.C. Cir. 1996)   Cited 483 times
    Holding that a delay of two years from filing of action is undue

  5. Streit v. County of Los Angeles

    236 F.3d 552 (9th Cir. 2001)   Cited 249 times
    Holding that the Los Angeles Sheriff's Department was not an arm of the state for the purposes of municipal liability

  6. Berry v. Baca

    379 F.3d 764 (9th Cir. 2004)   Cited 136 times
    Holding that, in a case regarding the release of prisoners after judicial determinations of innocence, the county's implementation of policies that led to delays in release—and the lack of policies to expedite the process—could support a § 1983 claim

  7. Logan v. Shealy

    660 F.2d 1007 (4th Cir. 1981)   Cited 190 times   1 Legal Analyses
    Holding that inmate's strip search bore no relationship to security needs at detention center

  8. Young v. City of Little Rock

    249 F.3d 730 (8th Cir. 2001)   Cited 82 times
    Holding that a dispatcher's mistake about the existence of an arrest warrant was "not sufficient to render an arrest `unreasonable' within the meaning of the Fourth Amendment"

  9. Lewis v. O'Grady

    853 F.2d 1366 (7th Cir. 1988)   Cited 53 times
    Holding that an eleven-hour detention of individual waiting to be discharged presented a jury question

  10. Arline v. City of Jacksonville

    359 F. Supp. 2d 1300 (M.D. Fla. 2005)   Cited 15 times
    Addressing under the Fourth Amendment the plaintiff's claim that he continued to be detained following his acquittal

  11. 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 361,353 times   960 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 336,952 times   161 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,831 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."