§Why CasetextPricing

Briggs v. Borough of Norristown et al

RESPONSE in Opposition re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM /First Amended Complaint

133 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,707 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' "

  2. Pearson v. Callahan

    555 U.S. 223 (2009)   Cited 22,629 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"

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

    436 U.S. 658 (1978)   Cited 67,537 times   15 Legal Analyses
    Holding that "local government . . . are 'persons'" for purposes of 42 U.S.C. § 1983

  4. Malley v. Briggs

    475 U.S. 335 (1986)   Cited 9,242 times   5 Legal Analyses
    Holding that a reasonably well-trained officer who would have known that his affidavit failed to establish probable cause and that he shouldn't have applied for a warrant violates an arrestee's Fourth Amendment right against unreasonable seizures and does not enjoy qualified immunity when he arrests someone based on the warrant he nonetheless procured from a judicial officer

  5. Mathews v. Eldridge

    424 U.S. 319 (1976)   Cited 15,804 times   42 Legal Analyses
    Holding that a procedure based on written submissions was adequate because it included safeguards against mistake including that the agency informed the recipient of its tentative assessment and the evidence supporting it and an opportunity was then afforded the recipient to submit additional evidence "enabling him to challenge directly the accuracy of information in his file as well as the correctness of the agency's tentative conclusions"

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

    489 U.S. 189 (1989)   Cited 5,644 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

  7. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 16,928 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  8. Shaw v. Delta Air Lines, Inc.

    463 U.S. 85 (1983)   Cited 3,520 times   17 Legal Analyses
    Holding that federal common law of ERISA preempts state law in the interpretation of ERISA benefit plans

  9. Camreta v. Greene

    563 U.S. 692 (2011)   Cited 1,120 times
    Holding that, when "a civil suit becomes moot pending appeal," we may "vacate the judgment below" so "no party is harmed by what we have called a preliminary adjudication"

  10. Kolender v. Lawson

    461 U.S. 352 (1983)   Cited 3,049 times   7 Legal Analyses
    Holding state misdemeanor statute unconstitutionally vague within the meaning of the Due Process Clause

  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 348,231 times   929 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 3604 - Discrimination in the sale or rental of housing and other prohibited practices

    42 U.S.C. § 3604   Cited 4,103 times   64 Legal Analyses
    Requiring any "accommodation" in "rules, policies, practices, or services" to be "reasonable"

  13. Section 1437f - Low-income housing assistance

    42 U.S.C. § 1437f   Cited 1,303 times   6 Legal Analyses
    Outlining voucher program

  14. Section 836 - Arrest with warrant and without warrant; domestic violence call

    Cal. Pen. Code § 836   Cited 787 times
    Authorizing a felony arrest without a warrant

  15. Section 140.10 - Arrest without a warrant; by police officer; when and where authorized

    N.Y. Crim. Proc. Law § 140.10   Cited 704 times
    Explaining that a police officer may arrest a person for a crime when the officer has "reasonable cause to believe that such person has committed such crime, whether in [the officer's] presenceor otherwise ," but that an officer may arrest a person for a violation only when the officer has "reasonable cause to believe that such person has committed such offense in his or her presence "

  16. Section 2935.03 - Authority to arrest without warrant - pursuit outside jurisdiction

    Ohio Rev. Code § 2935.03   Cited 328 times
    Granting additional arrest powers if officer has reasonable grounds to believe that a certain listed offense has been committed such as an offense of violence

  17. Section 14.03 - [Effective Until 1/1/2025] Authority of Peace Officers

    Tex. Code Crim. Proc. art. 14.03   Cited 235 times
    Phrasing authority to make a warrantless arrest in discretionary terms when an officer is authorized to make an arrest within and without the governmental employer's jurisdiction

  18. Section 17-4-20 - Authorization of arrests with and without warrants generally; use of deadly force; adoption or promulgation of conflicting regulations, policies, ordinances, and resolutions; authority of nuclear power facility security officer

    Ga. Code § 17-4-20   Cited 223 times   1 Legal Analyses
    Prohibiting either a "law enforcement agency of this state or of any political subdivision of this state" from limiting peace officers' authority to use force

  19. Section 13-3601 - Domestic violence; definition; classification; sentencing option; arrest and procedure for violation; weapon seizure

    Ariz. Rev. Stat. § 13-3601   Cited 168 times   3 Legal Analyses
    Requiring indictment and other charging documents to contain domestic-violence designation where offense qualifies as domestic violence

  20. Section 15-10-3 - Arrest without warrant - Generally; written report; protection orders

    Ala. Code § 15-10-3   Cited 163 times   1 Legal Analyses
    Granting officers authority to arrest a person without a warrant for "any public offense committed or breach of the peace threatened in his presence"

  21. Section 100.65 - Discrimination in terms, conditions and privileges and in services and facilities

    24 C.F.R. § 100.65   Cited 87 times
    Noting prohibited actions under the FHA include "[f]ailing or delaying maintenance or repairs of sale or rental dwellings because of race[]"

  22. Section 100.70 - Other prohibited sale and rental conduct

    24 C.F.R. § 100.70   Cited 81 times   3 Legal Analyses
    Making it unlawful "to discourage or obstruct choices in a community, neighborhood or development"

  23. Section 100.60 - Unlawful refusal to sell or rent or to negotiate for the sale or rental

    24 C.F.R. § 100.60   Cited 33 times
    Interpreting section 3604 to prohibit "[s]ubjecting a person to harassment because of race ... that causes the person to vacate a dwelling or abandon efforts to secure the dwelling"