§Why CasetextPricing

Calkins v. Davis School District et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support

12 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 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 273,590 times   368 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. Imbler v. Pachtman

    424 U.S. 409 (1976)   Cited 10,802 times   5 Legal Analyses
    Holding prosecutors absolutely immune from damages liability for having knowingly presented perjured witness testimony against criminal defendants, observing that the "veracity of witnesses in criminal cases frequently is subject to doubt before and after they testify . . . . If prosecutors were hampered in exercising their judgment as to the use of such witnesses by concern about resulting personal liability, [they often would refrain from calling such witnesses and hence] the triers of fact in criminal cases often would be denied relevant evidence"

  4. Hall v. Bellmon

    935 F.2d 1106 (10th Cir. 1991)   Cited 17,254 times
    Holding for pro se litigants that "conclusory allegations without supporting factual averments are insufficient to state a claim on which relief can be based"

  5. GFF Corp. v. Associated Wholesale Grocers, Inc.

    130 F.3d 1381 (10th Cir. 1997)   Cited 1,568 times
    Holding failure to address district court's alternative ground for granting summary judgment compelled affirmance

  6. Miller v. Glanz

    948 F.2d 1562 (10th Cir. 1991)   Cited 1,181 times
    Holding allegations sufficient to state an Eighth Amendment claim where officers kicked, beat, and choked a prisoner who was handcuffed behind his back and whose ankles were also restrained

  7. Sanchez v. Denver Pub. Schs.

    164 F.3d 527 (10th Cir. 1998)   Cited 844 times   1 Legal Analyses
    Holding there was no adverse employment action where a fourth-grade teacher was reassigned to a school farther from her home to teach second grade, but paid the same salary and benefits

  8. Twigg v. Hawker Beechcraft Corp.

    659 F.3d 987 (10th Cir. 2011)   Cited 322 times   1 Legal Analyses
    Holding that the employer's decision to terminate an employee for failing to comply with the employer's call-in policy and failing to report to work constituted a legitimate reason for termination

  9. 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 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  10. Section 2000e-2 - Unlawful employment practices

    42 U.S.C. § 2000e-2   Cited 28,777 times   171 Legal Analyses
    Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”

  11. Section 2000e-3 - Other unlawful employment practices

    42 U.S.C. § 2000e-3   Cited 14,654 times   43 Legal Analyses
    Prohibiting retaliation against employees who "oppos[e] any [unlawful] practice"

  12. Rule 7 - Pleadings Allowed; Form of Motions and Other Papers

    Fed. R. Civ. P. 7   Cited 7,742 times   2 Legal Analyses
    Defining "pleadings" for purposes of the Federal Rules of Civil Procedure