§Why CasetextPricing

Conklin v. Kane et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Complaint of Stephen G. Conklin

32 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,813 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 280,791 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. Lewis v. Casey

    518 U.S. 343 (1996)   Cited 14,750 times   5 Legal Analyses
    Holding that a prisoner must show an actual injury to state a claim for denial of access to courts

  4. Mireles v. Waco

    502 U.S. 9 (1991)   Cited 7,633 times   1 Legal Analyses
    Holding that judges retain their immunity from suit when they are accused of acting maliciously or corruptly

  5. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 17,511 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  6. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,562 times   4 Legal Analyses
    Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"

  7. Stump v. Sparkman

    435 U.S. 349 (1978)   Cited 8,477 times   1 Legal Analyses
    Holding that a judge "will be subject to liability only when he has acted in the clear absence of all jurisdiction"

  8. Bounds v. Smith

    430 U.S. 817 (1977)   Cited 8,461 times   1 Legal Analyses
    Holding that states must provide prisoners with adequate law libraries or adequate assistance from persons trained in the law

  9. Katz v. United States

    389 U.S. 347 (1967)   Cited 12,696 times   74 Legal Analyses
    Holding that failure to recognize a reasonable expectation of privacy in a telephone booth would "ignore the vital role that the public telephone has come to play in private communication"

  10. Forrester v. White

    484 U.S. 219 (1988)   Cited 3,153 times   2 Legal Analyses
    Holding that judges are not absolutely immune for administrative acts

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 507,464 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 362,607 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 164,455 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 65,142 times   81 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 Amendment IV - Search and Seizure

    U.S. Const. amend. IV   Cited 28,007 times   2 Legal Analyses
    Recognizing "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures... [without] probable cause"

  16. Section Amendment XIV - Rights Guaranteed: Privileges and Immunities of Citizenship, Due Process, and Equal Protection

    U.S. Const. amend. XIV   Cited 11,844 times   3 Legal Analyses
    Containing both a Due Process Clause and an Equal Protection Clause

  17. Section 1442 - Federal officers or agencies sued or prosecuted

    28 U.S.C. § 1442   Cited 5,360 times   92 Legal Analyses
    Granting removal power to "[a]ny officer of the United States . . . or person acting under him"

  18. Section 242 - Deprivation of rights under color of law

    18 U.S.C. § 242   Cited 4,148 times   8 Legal Analyses
    Noting that "if bodily injury results from the acts committed in violation of this section," the defendant "shall be fined under this title or imprisoned not more than ten years, or both"

  19. Section 292 - District judges

    28 U.S.C. § 292   Cited 1,133 times   4 Legal Analyses
    Stating that the Chief Justice may assign district judges temporarily to the Court of International Trade