§Why CasetextPricing

Doe 1 et al v. Strange et Al(Joint Assign)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to the Second Amended Complaint

46 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,314 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 266,259 times   365 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. Johnson v. United States

    576 U.S. 591 (2015)   Cited 14,211 times   34 Legal Analyses
    Holding residual clause unconstitutionally vague

  4. Ashcroft v. Al-Kidd

    563 U.S. 731 (2011)   Cited 8,941 times   9 Legal Analyses
    Holding that, to be clearly established, "existing precedent must have placed the statutory or constitutional question beyond debate"

  5. Anderson v. Creighton

    483 U.S. 635 (1987)   Cited 15,413 times   6 Legal Analyses
    Holding that an officer is entitled to qualified immunity if "a reasonable officer could have believed" that the search was lawful "in light of clearly established law and the information the searching officers possessed"

  6. Malley v. Briggs

    475 U.S. 335 (1986)   Cited 9,206 times   5 Legal Analyses
    Holding that a reasonably well-trained officer who would have known that his affidavit failed to establish probable cause and that he shouldn't have applied for a warrant violates an arrestee's Fourth Amendment right against unreasonable seizures and does not enjoy qualified immunity when he arrests someone based on the warrant he nonetheless procured from a judicial officer

  7. Davis v. Scherer

    468 U.S. 183 (1984)   Cited 3,686 times   1 Legal Analyses
    Holding that the only relevant inquiry is whether federal law rights are clearly established; it does not matter that the officer simultaneously violates state law rights that are clearly established

  8. Lane v. Franks

    573 U.S. 228 (2014)   Cited 1,052 times   5 Legal Analyses
    Holding testimony in criminal proceedings regarding public corruption raised a matter of public concern

  9. Turner Broadcasting System, Inc. v. Federal Communications Commission

    512 U.S. 622 (1994)   Cited 1,291 times   7 Legal Analyses
    Holding that rules that distinguish "based only upon the manner in which speakers transmit their messages to viewers, and not upon the messages they carry" are content-neutral

  10. Weinberger v. Salfi

    422 U.S. 749 (1975)   Cited 2,756 times
    Holding existence of a final decision made after a hearing is central to the grant of subject matter jurisdiction under § 405(g)

  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 345,449 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

  12. Section 15-20A-11 - Adult sex offender - Prohibited residence locations, etc

    Ala. Code § 15-20A-11   Cited 26 times
    Prohibiting residence with minors outside of a narrow group of enumerated family members

  13. Section 15-20A-4 - Definitions

    Ala. Code § 15-20A-4   Cited 22 times
    Defining "residence" as "each residence or other place where a person resides, sleeps, or habitually lives or will reside, sleep, or habitually live."

  14. Section 15-20A-8 - Registration information - Public registry website

    Ala. Code § 15-20A-8   Cited 18 times

    (a) All of the following registration information shall be provided on the public registry website maintained by the Alabama State Law Enforcement Agency and may be provided on any community notification documents: (1) Name, including any aliases, nicknames, ethnic, or Tribal names. (2) Address of each residence. (3) Address of any school the sex offender attends or will attend. For purposes of this subdivision, a school includes an educational institution, public or private, including a secondary

  15. Section 15-20A-10 - Adult sex offender - Registration with local law enforcement; residence restrictions

    Ala. Code § 15-20A-10   Cited 18 times
    Making failure to register as a sex offender a Class C felony

  16. Section 15-20A-2 - Legislative findings

    Ala. Code § 15-20A-2   Cited 14 times
    Finding that "[e]mployment and residence restrictions, together with monitoring and tracking," further "the primary governmental interest of protecting vulnerable populations, particularly children"

  17. Section 15-20A-18 - Adult sex offender - Identification requirements

    Ala. Code § 15-20A-18   Cited 10 times

    (a) Every adult sex offender who is a resident of this state shall obtain from the Alabama State Law Enforcement Agency, and always have in his or her possession, a valid driver license or identification card issued by the Alabama State Law Enforcement Agency. If any adult sex offender is ineligible to be issued a driver license or official identification card, the Alabama State Law Enforcement Agency shall provide the adult sex offender some other form of identification card or documentation that

  18. Section 15-20A-7 - Registration information - Required

    Ala. Code § 15-20A-7   Cited 5 times

    (a) The following registration information, unless otherwise indicated, shall be provided by the sex offender when registering: (1) Name, including any aliases, nicknames, ethnic, or tribal names. (2) Date of birth. (3) Social Security number. (4) Address of each residence. (5) Name and address of any school the sex offender attends or will attend. For purposes of this subdivision, a school includes an educational institution, public or private, including a secondary school, a trade or professional

  19. Section 15-20A-42 - Collection and dissemination of information by Alabama State Law Enforcement Agency

    Ala. Code § 15-20A-42

    (a) Any jurisdiction or agency responsible for registering a sex offender shall immediately forward all required registration information and any changes to the required registration information received to the Alabama State Law Enforcement Agency in a manner determined by the Secretary of the Alabama State Law Enforcement Agency and promulgated in rule by the secretary upon recommendation of an advisory board consisting of representatives of the office of the Attorney General, District Attorneys