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FISHER-BORNE et al v. SMITH et al

RESPONSE entitled "MEMORANDUM OF LAW" in Opposition to 63 MOTION to Dismiss for Lack of Jurisdiction and For Failure To State A Claim

28 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,381 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' "

  2. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,812 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

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

    436 U.S. 658 (1978)   Cited 67,039 times   15 Legal Analyses
    Holding that "local government . . . are 'persons'" for purposes of 42 U.S.C. § 1983

  4. Hudson v. McMillian

    503 U.S. 1 (1992)   Cited 17,102 times   3 Legal Analyses
    Holding that, to determine whether the force used by a prison official amounts to a constitutional violation, "the core judicial inquiry is . . . whether force was applied in a good-faith effort to maintain or restore discipline, or maliciously and sadistically to cause harm"

  5. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 10,721 times   15 Legal Analyses
    Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits

  6. United States v. Windsor

    570 U.S. 744 (2013)   Cited 674 times   92 Legal Analyses
    Holding unconstitutional under the Fifth Amendment a federal law recognizing opposite-sex-sex but not same-sex marriages because its "principal purpose [was] to impose inequality, not for other reasons like governmental efficiency"

  7. Monroe v. Pape

    365 U.S. 167 (1961)   Cited 4,345 times   1 Legal Analyses
    Holding that liability under § 1983 and the Fourth Amendment does not require "the doing of an act with 'a specific intent to deprive a person of a federal right'"

  8. Northeastern Florida Chapter of the Associated General Contractors of America v. City of Jacksonville

    508 U.S. 656 (1993)   Cited 1,032 times   1 Legal Analyses
    Holding contractors suing over the set-aside of certain state contracts based on race had standing to advance an equal protection claim because they were "able and ready" to bid on the contracts

  9. Eastern Shore Markets, Inc. v. J.D. Associates Ltd. Partnership

    213 F.3d 175 (4th Cir. 2000)   Cited 2,100 times
    Holding that review of order granting motion to dismiss under Rule 12(b) is de novo

  10. Walters v. McMahen

    684 F.3d 435 (4th Cir. 2012)   Cited 1,226 times
    Holding that, as a matter of law, plaintiffs' RICO conspiracy claim failed where the underlying substantive claim was deficient

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 486,525 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 345,620 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. Section 51-1 - Requisites of marriage; solemnization

    N.C. Gen. Stat. § 51-1   Cited 16 times

    A valid and sufficient marriage is created by the consent of a male and female person who may lawfully marry, presently to take each other as husband and wife, freely, seriously and plainly expressed by each in the presence of the other, either: (1) a. In the presence of an ordained minister of any religious denomination, a minister authorized by a church, or a magistrate; and b. With the consequent declaration by the minister or magistrate that the persons are husband and wife; or (2) In accordance

  14. Section 51-1.2 - Marriages between persons of the same gender not valid

    N.C. Gen. Stat. § 51-1.2   Cited 5 times

    Marriages, whether created by common law, contracted, or performed outside of North Carolina, between individuals of the same gender are not valid in North Carolina. N.C. Gen. Stat. § 51-1.2 1995 (Reg. Sess., 1996), c. 588, s. 1.

  15. Section 51-8 - License issued by register of deeds

    N.C. Gen. Stat. § 51-8

    (a) Every register of deeds shall, upon proper application, issue a license for the marriage of any two persons who are able to answer the questions regarding age, marital status, and intention to marry, and, based on the answers, the register of deeds determines the persons are authorized to be married in accordance with the laws of this State. In making a determination as to whether or not the parties are authorized to be married under the laws of this State, the register of deeds may require the