§Why CasetextPricing

Gallop v. Cheney et al

MEMORANDUM OF LAW in Support re: 10 MOTION to Dismiss.. Document

51 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,865 times   367 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. Pearson v. Callahan

    555 U.S. 223 (2009)   Cited 22,641 times   8 Legal Analyses
    Holding that a court may, without deciding whether there was a constitutional violation, look to the question of whether that right was "clearly established"

  3. Neitzke v. Williams

    490 U.S. 319 (1989)   Cited 56,190 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"

  4. Denton v. Hernandez

    504 U.S. 25 (1992)   Cited 22,294 times
    Holding the standard of review for dismissal under § 1915(d) is abuse of discretion

  5. Harlow v. Fitzgerald

    457 U.S. 800 (1982)   Cited 31,599 times   11 Legal Analyses
    Holding that public officials are entitled to a "qualified immunity" from "liability for civil damages insofar as their conduct does not violate clearly established . . . rights of which a reasonable person would have known"

  6. Bivens v. Six Unknown Fed. Narcotics Agents

    403 U.S. 388 (1971)   Cited 25,998 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. Wilson v. Layne

    526 U.S. 603 (1999)   Cited 3,901 times   9 Legal Analyses
    Holding that officers’ conduct was reasonable where they followed a common police practice and no judicial opinions at the time prohibited the conduct

  8. Wilson v. Garcia

    471 U.S. 261 (1985)   Cited 7,630 times   2 Legal Analyses
    Holding that the statute of limitations for a Section 1983 claim is borrowed from the state's personal injury statute of limitations

  9. Jones v. R.R. Donnelley Sons Co.

    541 U.S. 369 (2004)   Cited 1,716 times   3 Legal Analyses
    Holding that four-year statute of limitations applies to § 1981 claim "made possible by" the 1991 amendments

  10. Owens v. Okure

    488 U.S. 235 (1989)   Cited 3,276 times
    Holding that state law statute of limitations applies to § 1983 claims

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 490,212 times   694 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. Section 2671 - Definitions

    28 U.S.C. § 2671   Cited 9,414 times   6 Legal Analyses
    Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "

  13. Section 2675 - Disposition by federal agency as prerequisite; evidence

    28 U.S.C. § 2675   Cited 7,118 times   1 Legal Analyses
    Setting forth FTCA's administrative exhaustion requirement

  14. Section 208 - Infancy, insanity

    N.Y. CPLR 208   Cited 898 times   1 Legal Analyses
    Allowing a plaintiff with a civil claim of sexual abuse committed against her when she was less than eighteen years old to commence an action until she “reaches the age of fifty-five”

  15. Section 105 - Definitions

    N.Y. C.P.L.R. § 105   Cited 793 times
    Defining "infant" as a person under 18 years of age

  16. Section 8.01-243 - Personal action for injury to person or property generally; extension in actions for malpractice against health care provider

    Va. Code § 8.01-243   Cited 711 times   5 Legal Analyses
    Providing that the statute of limitations period for personal injury actions in Virginia is "two years after the cause of action accrues"

  17. Section 2333 - Civil remedies

    18 U.S.C. § 2333   Cited 471 times   22 Legal Analyses
    Granting any ATA claimant the right to sue "in any appropriate district court of the United States"

  18. Section 2332 - Criminal penalties

    18 U.S.C. § 2332   Cited 194 times   4 Legal Analyses
    Criminalizing physical violence outside the United States "with the result that serious bodily injury is caused to a national of the United States"

  19. Section 2337 - Suits against Government officials

    18 U.S.C. § 2337   Cited 35 times
    In § 2337(2) directs the courts to find liability "in accordance with" § 2333, which in turn adds a subsection for aiding-and-abetting liability that construes "person" as defined in 1 U.S.C § 1 (the "Dictionary Act"), id. § 2333(d)(1). This definition of "person" includes "corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals."