§Why CasetextPricing

Davis v. City of Atlanta et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support

49 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,946 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 279,983 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. Ashcroft v. Al-Kidd

    563 U.S. 731 (2011)   Cited 9,553 times   9 Legal Analyses
    Holding that, to be clearly established, "existing precedent must have placed the statutory or constitutional question beyond debate"

  4. Harlow v. Fitzgerald

    457 U.S. 800 (1982)   Cited 32,240 times   11 Legal Analyses
    Holding that public officials are entitled to a "qualified immunity" from "liability for civil damages insofar as their conduct does not violate clearly established . . . rights of which a reasonable person would have known"

  5. Hope v. Pelzer

    536 U.S. 730 (2002)   Cited 7,683 times   3 Legal Analyses
    Holding that "[t]he obvious cruelty inherent" in putting inmates in certain wantonly "degrading and dangerous" situations provides officers "with some notice that their alleged conduct violate" the Eighth Amendment

  6. Hishon v. King Spalding

    467 U.S. 69 (1984)   Cited 12,563 times   7 Legal Analyses
    Holding that the right of expression does not permit selecting law firm partners in violation of Title VII

  7. Malley v. Briggs

    475 U.S. 335 (1986)   Cited 9,483 times   5 Legal Analyses
    Holding a right is not clearly established if reasonable officers could disagree over it

  8. Lane v. Franks

    573 U.S. 228 (2014)   Cited 1,117 times   5 Legal Analyses
    Holding testimony in criminal proceedings regarding public corruption raised a matter of public concern

  9. Davis v. Coca-Cola Bottling

    516 F.3d 955 (11th Cir. 2008)   Cited 973 times   2 Legal Analyses
    Holding that hiring decisions were "discrete acts of discrimination" that could not go forward under the continuing-violation doctrine

  10. Holloman ex Rel. Holloman v. Harland

    370 F.3d 1252 (11th Cir. 2004)   Cited 1,003 times
    Holding a defendant performed a discretionary function if he: " perform[ed] a legitimate job-related function (that is, pursu[ed] a job-related goal), (b) through means that were within his power to utilize"

  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 361,663 times   960 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 163,974 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. Section 2000e-5 - Enforcement provisions

    42 U.S.C. § 2000e-5   Cited 27,488 times   124 Legal Analyses
    Holding charges must be made in writing, under oath, and contain all information as the Commission requires

  14. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 20,580 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion