§Why CasetextPricing

Brown, Shannon v. State of Wisconsin et al

Brief in Support of 24 Motion to Dismiss

65 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 268,386 times   281 Legal Analyses
    Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 281,328 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. Will v. Michigan Dept. of State Police

    491 U.S. 58 (1989)   Cited 25,338 times
    Holding that official capacity state officer suits for prospective injunctive relief are suits against a "person" under § 1983 even though a "State" is not a "person" under that statute

  4. Kentucky v. Graham

    473 U.S. 159 (1985)   Cited 20,107 times   1 Legal Analyses
    Holding that "an official-capacity suit is, in all respects other than name, to be treated as a suit against the entity," and that "a plaintiff seeking to recover on a damages judgment in an official-capacity suit must look to the government entity itself"

  5. Garcetti v. Ceballos

    547 U.S. 410 (2006)   Cited 4,145 times   63 Legal Analyses
    Holding if an employee does not speak as a citizen on a matter of public concern, "the employee has no First Amendment cause of action based on his or her employer's reaction to the speech"

  6. Seminole Tribe of Fla. v. Florida

    517 U.S. 44 (1996)   Cited 5,225 times   23 Legal Analyses
    Holding that Congress cannot abrogate state-sovereign immunity under its Article I commerce power, and rejecting the result in Pennsylvania v. Union Gas Co. , 491 U.S. 1, 109 S.Ct. 2273, 105 L.Ed.2d 1, seven years later; the decision in Union Gas never garnered a majority

  7. Board of Regents v. Roth

    408 U.S. 564 (1972)   Cited 14,950 times   4 Legal Analyses
    Holding that where a public employee's appointment terminated on a particular date and there was no provision for renewal after that date, the employee "did not have a property interest sufficient to require . . . a hearing when [the officials] declined to renew his contract of employment."

  8. Vermont Agency of Nat. Res. v. U.S. ex rel. Stevens

    529 U.S. 765 (2000)   Cited 1,645 times   36 Legal Analyses
    Holding that States are not subject to private FCA actions

  9. Collins v. Youngblood

    497 U.S. 37 (1990)   Cited 2,042 times   8 Legal Analyses
    Holding change in State law allowing reformation of improper criminal verdicts 35 not to violate Ex Post Facto clause

  10. Bogan v. Scott-Harris

    523 U.S. 44 (1998)   Cited 960 times   2 Legal Analyses
    Holding that local executive officials could invoke legislative immunity with respect to their legitimate legislative acts

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 508,328 times   709 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 363,233 times   962 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 164,773 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  14. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 65,288 times   83 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  15. Section 2000e - Definitions

    42 U.S.C. § 2000e   Cited 52,719 times   130 Legal Analyses
    Granting EEOC authority to issue procedural regulations to carry out Title VII provisions

  16. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,252 times   337 Legal Analyses
    Requiring that fraud be pleaded with particularity

  17. Section 2000e-2 - Unlawful employment practices

    42 U.S.C. § 2000e-2   Cited 29,325 times   171 Legal Analyses
    Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”

  18. Section 2000e-5 - Enforcement provisions

    42 U.S.C. § 2000e-5   Cited 27,559 times   124 Legal Analyses
    Holding charges must be made in writing, under oath, and contain all information as the Commission requires

  19. Section 10 - Powers Denied to the States

    U.S. Const. art. I, § 10   Cited 4,938 times   5 Legal Analyses
    Prohibiting specific acts by the States

  20. Section 9 - Powers Denied to Congress

    U.S. Const. art. I, § 9   Cited 2,838 times   17 Legal Analyses
    Prohibiting Congress