§Why CasetextPricing

Battle et al v. The City of New York et al

MEMORANDUM OF LAW in Support re: 25 MOTION to Dismiss. and motion to intervene

35 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. 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

  4. Connick v. Thompson

    563 U.S. 51 (2011)   Cited 7,552 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. Canton v. Harris

    489 U.S. 378 (1989)   Cited 16,921 times   2 Legal Analyses
    Holding that the city could be held liable for failing to train police officers in determining whether detainees needed medical care because of the likelihood that, absent proper training, the officers would default on their constitutional obligations

  6. Wilton v. Seven Falls Co.

    515 U.S. 277 (1995)   Cited 4,423 times   7 Legal Analyses
    Holding that in declaratory judgment actions, district courts have “greater” discretion to abstain than under Colorado River's “exceptional circumstances” test

  7. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 12,244 times   15 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

  8. Hunt v. Washington Apple Advertising Comm'n

    432 U.S. 333 (1977)   Cited 4,584 times   10 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

  9. O'Shea v. Littleton

    414 U.S. 488 (1974)   Cited 4,231 times   5 Legal Analyses
    Holding that "[p]ast exposure to illegal conduct does not in itself show a present case or controversy regarding injunctive relief ... if unaccompanied by any continuing, present adverse effects"

  10. Patterson v. County of Oneida, N.Y

    375 F.3d 206 (2d Cir. 2004)   Cited 3,240 times   2 Legal Analyses
    Holding in a 42 U.S.C. §§ 1981 and 1983 context that, “[a]lthough a single incident ordinarily will not give rise to a cognizable claim for hostile work environment, ... [where the plaintiff was subjected to] a physical assault in which [he] was punched in the ribs and ... temporarily blinded by having mace sprayed in his eyes [w]e cannot say that, as a matter of law, such an incident is not sufficiently severe, in all the circumstances, to create a hostile work environment”

  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 361,853 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

  12. 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. . . ."

  13. Rule 24 - Intervention

    Fed. R. Civ. P. 24   Cited 9,432 times   37 Legal Analyses
    Granting the right of intervention to qualifying persons "unless existing parties adequately represent" them