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DL et al v. District of Columbia et al

Memorandum in opposition to re Defendants' Motion for Dismissal of Plaintiffs' Claim of a Violation of Section 504 of the Rehabilitation Act

33 Cited authorities

  1. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 16,758 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

  2. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,497 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  3. Wood v. Strickland

    420 U.S. 308 (1975)   Cited 1,844 times
    Holding that an official's actions are not justified if the official ignores or disregards "settled, indisputable law"

  4. Sparrow v. United Air Lines, Inc.

    216 F.3d 1111 (D.C. Cir. 2000)   Cited 1,170 times   2 Legal Analyses
    Holding that a plaintiff alleging a violation of 42 U.S.C. § 1981 need not allege facts establishing a prima facie case for discrimination in his complaint

  5. Guardians Assn. v. Civil Service Comm'n, N.Y. C

    463 U.S. 582 (1983)   Cited 441 times   2 Legal Analyses
    Holding that a private cause of action is available under Title VI, relying on Cannon

  6. Atchinson v. District of Columbia

    73 F.3d 418 (D.C. Cir. 1996)   Cited 475 times
    Holding that a delay of two years from filing of action is undue

  7. Sellers v. School Bd., Manassas, Virginia

    141 F.3d 524 (4th Cir. 1998)   Cited 280 times
    Holding that the "IDEA provides a comprehensive remedial scheme for violations of its own requirements" that cannot be circumvented by means of a § 1983 claim

  8. Mrs. W. v. Tirozzi

    832 F.2d 748 (2d Cir. 1987)   Cited 234 times
    Holding that parents are entitled to bring a § 1983 action based on alleged violations of Section 504 and Due Process and Equal Protection Clauses

  9. Monahan v. State of Nebraska

    687 F.2d 1164 (8th Cir. 1982)   Cited 238 times
    Holding that more is required to state a claim under § 504 of the Rehabilitation Act of 1973 than an allegation of a denial of a FAPE

  10. Wood v. President Trustees of Spring Hill

    978 F.2d 1214 (11th Cir. 1992)   Cited 126 times
    Holding that student was required to demonstrate that she made specific request for accommodation to prevail on ADA claim against college

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 486,625 times   688 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 345,715 times   922 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 156,116 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  14. Section 794 - Nondiscrimination under Federal grants and programs

    29 U.S.C. § 794   Cited 12,310 times   29 Legal Analyses
    Adopting ADA standards for Rehabilitation Act claims

  15. Section 794a - Remedies and attorney fees

    29 U.S.C. § 794a   Cited 1,804 times   2 Legal Analyses
    Adopting the "remedies, procedures, and rights" under Title VII of the Civil Rights Act of 1964 for federal employees filing civil actions