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Fant et al v. Ferguson, Missouri, City of

MEMORANDUM in Support of Motion re MOTION to Dismiss :Partial Dismissal of First Amended Complaint

56 Cited authorities

  1. Neitzke v. Williams

    490 U.S. 319 (1989)   Cited 56,055 times
    Holding that "an in forma pauperis pro se complaint may only be dismissed as frivolous ... when the petitioner cannot make any claim with a rational or arguable basis in law or in fact"

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

    436 U.S. 658 (1978)   Cited 67,410 times   15 Legal Analyses
    Holding that "local government . . . are 'persons'" for purposes of 42 U.S.C. § 1983

  3. Graham v. Connor

    490 U.S. 386 (1989)   Cited 25,371 times   26 Legal Analyses
    Holding that the reasonableness of force deployed during an arrest is judged using the "facts and circumstances of each particular case" from the perspective of "a reasonable officer on the scene"

  4. Board of Comm'rs of Bryan County v. Brown

    520 U.S. 397 (1997)   Cited 12,248 times   2 Legal Analyses
    Holding that a "high degree of predictability may also support an inference of causation—that the municipality's indifference led directly to the very consequence that was so predictable"

  5. County of Sacramento v. Lewis

    523 U.S. 833 (1998)   Cited 8,732 times   7 Legal Analyses
    Holding that "only a purpose to cause harm unrelated to the legitimate object of arrest will satisfy the element of arbitrary conduct shocking to the conscience, necessary for a due process violation"

  6. Bivens v. Six Unknown Fed. Narcotics Agents

    403 U.S. 388 (1971)   Cited 25,939 times   27 Legal Analyses
    Holding that there is an implied cause of action for money damages against federal officials for violations of the Fourth Amendment

  7. Pembaur v. Cincinnati

    475 U.S. 469 (1986)   Cited 9,180 times
    Holding that a county prosecutor's order to forcibly enter the plaintiff's clinic was a "municipal policy"

  8. Baker v. McCollan

    443 U.S. 137 (1979)   Cited 9,073 times   3 Legal Analyses
    Holding a claim under § 1983 cannot be based on a violation of state law

  9. St. Louis v. Praprotnik

    485 U.S. 112 (1988)   Cited 5,288 times
    Holding that municipal liability could lie "if a series of decisions by a subordinate official manifested a ‘custom or usage’ of which the supervisor must have been aware"

  10. Carey v. Piphus

    435 U.S. 247 (1978)   Cited 3,576 times   5 Legal Analyses
    Holding that nominal damages are appropriate when a plaintiff's constitutional rights have been infringed but he cannot show further injury

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 489,018 times   693 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 347,506 times   923 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 157,083 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  14. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 19,615 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  15. Section 479.200 - Appeals, trial de novo

    Mo. Rev. Stat. § 479.200   Cited 18 times
    Providing for de novo review of municipal court decisions in circuit courts

  16. Section 479.010 - Violation of municipal ordinances, jurisdiction

    Mo. Rev. Stat. § 479.010   Cited 11 times

    Violations of municipal ordinances shall be heard and determined only before divisions of the circuit court as hereinafter provided in this chapter. "Heard and determined", for purposes of this chapter, shall mean any process under which the court in question retains the final authority to make factual determinations pertaining to allegations of a municipal ordinance violation, including, but not limited to, the use of a system of administrative adjudication as provided in section 479.011, preliminary

  17. Section 514.260 - Duty of clerk in taxing bill of costs

    Mo. Rev. Stat. § 514.260   Cited 7 times

    The clerk shall tax and subscribe all bills of costs arising in any cause or proceedings instituted or adjudged in the court of which he is the clerk, agreeably to fees which shall, for the time being, be allowed by law, and shall in no case allow any item or charge, unless the service for which it was made was actually performed in the cause. § 514.260, RSMo RSMo 1939 § 1427 Prior revisions: 1929 § 1263; 1919 § 1715; 1909 § 2284

  18. Section 488.012 - Clerk to collect - supreme court to set amount - amount prior to adjustment

    Mo. Rev. Stat. § 488.012   Cited 4 times
    Providing court cost fees for misdemeanor cases, among other things ("Misdemeanor Costs")

  19. Section 479.070 - Duties and powers of municipal judge

    Mo. Rev. Stat. § 479.070   Cited 4 times

    The municipal judge shall be a conservator of the peace. He shall keep a docket in which he shall enter every case commenced before him and the proceeding therein and he shall keep such other records as required. Such docket and records shall be records of the circuit court. The municipal judge shall deliver said docket and records and all books and papers pertaining to his office to his successor in office or to the presiding judge of the circuit. The municipal judge shall have the power to administer

  20. Section 479.353 - Conditions - review of original fine and sentence, when

    Mo. Rev. Stat. § 479.353   Cited 1 times

    1. Notwithstanding any provisions to the contrary, the following conditions shall apply to minor traffic violations and municipal ordinance violations: (1) The court shall not assess a fine, if combined with the amount of court costs, totaling in excess of: (a) Two hundred twenty-five dollars for minor traffic violations; and (b) For municipal ordinance violations committed within a twelve-month period beginning with the first violation: two hundred dollars for the first municipal ordinance violation