§Why CasetextPricing

De LA Fuente v. Cortes et al

BRIEF IN OPPOSITION re Final MOTION for Extension of Time to File Brief in Opposition to Defendants' Motion to Dismiss Plaintiff's Amended Complaint

64 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,855 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,629 times   366 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' "

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

    436 U.S. 658 (1978)   Cited 67,525 times   15 Legal Analyses
    Holding that "local government . . . are 'persons'" for purposes of 42 U.S.C. § 1983

  4. Will v. Michigan Dept. of State Police

    491 U.S. 58 (1989)   Cited 24,313 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

  5. Albright v. Oliver

    510 U.S. 266 (1994)   Cited 12,482 times   5 Legal Analyses
    Holding that the plaintiff’s § 1983 claim failed where the plaintiff failed to establish that he was deprived of a substantive due process right secured by the Constitution

  6. Kentucky v. Graham

    473 U.S. 159 (1985)   Cited 19,325 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"

  7. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 16,783 times   6 Legal Analyses
    Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

  8. Pennhurst State School Hosp. v. Halderman

    465 U.S. 89 (1984)   Cited 13,531 times   8 Legal Analyses
    Holding that sovereign immunity prohibits federal courts from "instruct[ing] state officials on how to conform their conduct to state law"

  9. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,351 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity

  10. Hafer v. Melo

    502 U.S. 21 (1991)   Cited 7,463 times   2 Legal Analyses
    Holding that state officials may be sued under § 1983 in their personal capacity for damages caused by actions taken by them in their official capacities

  11. Section 636 - Jurisdiction, powers, and temporary assignment

    28 U.S.C. § 636   Cited 503,939 times   39 Legal Analyses
    Holding that when a party fails to object to a magistrate judge's report and recommendation, our review of the district court's resulting decision is for plain error so long as the party "has been served with notice that [this consequence] will result from a failure to object"

  12. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 489,827 times   693 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  13. 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 348,148 times   927 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  14. Section 1915 - Proceedings in forma pauperis

    28 U.S.C. § 1915   Cited 291,568 times   38 Legal Analyses
    Holding that, after a plaintiff is granted in forma pauperis status, "the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim on which relief may be granted"

  15. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,914 times   136 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  16. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 69,669 times   122 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  17. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 62,220 times   78 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"

  18. Section 8521 - Sovereign immunity generally

    42 Pa. C.S. § 8521   Cited 912 times
    Affirming intent to retain Eleventh Amendment immunity against federal court suits

  19. Section 8522 - Exceptions to sovereign immunity

    42 Pa. C.S. § 8522   Cited 910 times   2 Legal Analyses
    Excepting sovereign immunity for the sale of liquor to "any minor, or to any person visibly intoxicated, or to any insane person, or to any person known as an habitual drunkard, or of known intemperate habit"

  20. Section 2310 - Sovereign immunity reaffirmed; specific waiver

    1 Pa. C.S. § 2310   Cited 628 times
    Granting immunity to state employees "acting within the scope of their duties"