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Georgia State Conference of The Naacp et al v. The State of Georgia et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support

50 Cited authorities

  1. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,542 times   105 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  2. Will v. Michigan Dept. of State Police

    491 U.S. 58 (1989)   Cited 25,200 times
    Holding that official capacity state officer suits for prospective injunctive relief are suits against a "person" under § 1983 even though a "State" is not a "person" under that statute

  3. Kentucky v. Graham

    473 U.S. 159 (1985)   Cited 20,018 times   1 Legal Analyses
    Holding that "an official-capacity suit is, in all respects other than name, to be treated as a suit against the entity," and that "a plaintiff seeking to recover on a damages judgment in an official-capacity suit must look to the government entity itself"

  4. Seminole Tribe of Fla. v. Florida

    517 U.S. 44 (1996)   Cited 5,204 times   23 Legal Analyses
    Holding that Congress cannot abrogate state-sovereign immunity under its Article I commerce power, and rejecting the result in Pennsylvania v. Union Gas Co. , 491 U.S. 1, 109 S.Ct. 2273, 105 L.Ed.2d 1, seven years later; the decision in Union Gas never garnered a majority

  5. Quern v. Jordan

    440 U.S. 332 (1979)   Cited 6,847 times
    Holding that § 1983 does not abrogate state sovereign immunity in federal court

  6. Alden v. Maine

    527 U.S. 706 (1999)   Cited 2,387 times   16 Legal Analyses
    Holding that sovereign immunity prohibits a private citizen from suing a State in state court

  7. Arizonans for Official English v. Arizona

    520 U.S. 43 (1997)   Cited 2,625 times   7 Legal Analyses
    Holding that the plaintiff's challenge to a state law affecting the performance of her job duties was mooted when she left state employment

  8. Kimel v. Florida Board of Regents

    528 U.S. 62 (2000)   Cited 2,290 times   9 Legal Analyses
    Holding that the Age Discrimination in Employment Act, 29 U.S.C. § 626(b), effectively abrogated states’ sovereign immunity by incorporating the Fair Labor Standards Act's cause of action against a "public agency," which the FLSA statutorily defined to include "any agency of ... a State, or a political subdivision of a State," 29 U.S.C. §§ 203(x), 216(b)

  9. Vermont Agency of Nat. Res. v. U.S. ex rel. Stevens

    529 U.S. 765 (2000)   Cited 1,640 times   35 Legal Analyses
    Holding that States are not subject to private FCA actions

  10. Alabama v. Pugh

    438 U.S. 781 (1978)   Cited 3,530 times
    Holding that a suit against the Alabama Board of Corrections was barred by the Eleventh Amendment

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 505,787 times   708 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 361,353 times   960 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 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,751 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  14. Section 2000d-7 - Civil rights remedies equalization

    42 U.S.C. § 2000d-7   Cited 750 times   4 Legal Analyses
    Abrogating state immunity for claims brought under Rehabilitation Act, Title VI, and Title IX

  15. Section 10301 - Denial or abridgement of right to vote on account of race or color through voting qualifications or prerequisites; establishment of violation

    52 U.S.C. § 10301   Cited 446 times   3 Legal Analyses
    Providing that relevant inquiry is into "the totality of circumstances"

  16. Section 10303 - Suspension of the use of tests or devices in determining eligibility to vote

    52 U.S.C. § 10303   Cited 38 times
    Providing that if a state law fails Section 5 review, the State may not escape the preclearance process for another 10 years

  17. Section 3 CCR 714-1-P-1

    3 Colo. Code Regs. § 714-1-P-1   Cited 451 times
    Providing that defendant “will repair any leaks resulting from defects in the materials or workmanship”