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Gray v. Arkansas Game And Fish Commission

MOTION to Dismiss for Lack of Jurisdiction

20 Cited authorities

  1. Pennhurst State School Hosp. v. Halderman

    465 U.S. 89 (1984)   Cited 13,623 times   8 Legal Analyses
    Holding that sovereign immunity prohibits federal courts from "instruct[ing] state officials on how to conform their conduct to state law"

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

    529 U.S. 765 (2000)   Cited 1,614 times   31 Legal Analyses
    Holding that States are not subject to private FCA actions

  3. Barnes v. Gorman

    536 U.S. 181 (2002)   Cited 855 times   11 Legal Analyses
    Holding that a direct recipient of federal funds may be held liable for intentional conduct that violates the clear terms of a Spending Clause statute

  4. Alsbrook v. City of Maumelle, Arkansas

    184 F.3d 999 (8th Cir. 1999)   Cited 647 times
    Holding that the ADA was not a valid exercise of Congress's power under § 5 of the Fourteenth Amendment

  5. Monroe v. Arkansas

    495 F.3d 591 (8th Cir. 2007)   Cited 398 times
    Holding the doctrine of Ex Parte Young , 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed. 714, bars suits for both money damages and injunctive relief against a state university

  6. Reyazuddin v. Montgomery Cnty.

    789 F.3d 407 (4th Cir. 2015)   Cited 313 times   3 Legal Analyses
    Holding that the ADA's "prohibitions on discrimination against individuals with disabilities" is divided "into three parts, each with its own heading: Title I for employment, Title II for public services, and Title III for public accommodations."

  7. Alsbrook v. Arkansas

    529 U.S. 1001 (2000)   Cited 133 times
    Holding that claim brought under Title II of the ADA against the State was barred under the Eleventh Amendment

  8. Taylor v. City of Shreveport

    798 F.3d 276 (5th Cir. 2015)   Cited 121 times   1 Legal Analyses
    Holding that this court can affirm a 12(b) dismissal "on any basis supported by the record"

  9. Phiffer v. Columbia River Correctional Institute

    384 F.3d 791 (9th Cir. 2004)   Cited 126 times
    Holding that the state is not entitled to Eleventh Amendment immunity under Title II of the ADA or the Rehab Act

  10. Klingler v. Director, Department of Revenue

    455 F.3d 888 (8th Cir. 2006)   Cited 63 times
    Finding Eleventh Amendment Immunity prevented collection of monetary damages against the state for ADA violations that did not implicate Constitutional rights

  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 351,086 times   937 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 158,801 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 70,485 times   126 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  14. Section 12112 - Discrimination

    42 U.S.C. § 12112   Cited 13,663 times   159 Legal Analyses
    Recognizing failure to accommodate as form of discrimination

  15. Section 12132 - Discrimination

    42 U.S.C. § 12132   Cited 8,324 times   11 Legal Analyses
    Prohibiting disability discrimination by public entities

  16. Section Amendment XI - Suits Against States

    U.S. Const. amend. XI   Cited 6,046 times
    Granting states immunity from cases "against one of the United States"

  17. Rule 4 - Summons and Service of Process

    Ark. R. Civ. P. 4   Cited 430 times

    (a)Issuance of Summons. Immediately on the filing of the complaint, the clerk shall issue a summons to the plaintiff or the plaintiff's attorney, who shall deliver it for service to a person authorized by subdivision (c) of this rule to serve process. (b)Form of Summons. The summons shall be styled in the name of the court and issued under its seal, dated and signed by the clerk or a deputy clerk, and directed from the State of Arkansas to the defendant to be served. It shall contain: (1) in its