§Why CasetextPricing

Little et al v. Vasquez et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

59 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,227 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,097 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' "

  3. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 61,782 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

  4. Daniels v. Williams

    474 U.S. 327 (1986)   Cited 12,750 times   5 Legal Analyses
    Holding that "the Due Process Clause [of the Fourteenth Amendment] is simply not implicated by a negligent act of an official causing unintended loss of or injury to life, liberty, or property"

  5. Adickes v. Kress Co.

    398 U.S. 144 (1970)   Cited 25,054 times   1 Legal Analyses
    Holding that a private person who conspires with government actors to deprive a plaintiff of her constitutional rights acts "under color of law" for purposes of § 1983

  6. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,523 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  7. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 16,859 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  8. Baker v. McCollan

    443 U.S. 137 (1979)   Cited 9,060 times   3 Legal Analyses
    Holding a claim under § 1983 cannot be based on a violation of state law

  9. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,107 times   4 Legal Analyses
    Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"

  10. Lugar v. Edmondson Oil Co.

    457 U.S. 922 (1982)   Cited 6,721 times   3 Legal Analyses
    Holding that an individual who uses a state replevin, garnishment, or attachment statute later declared to be unconstitutional acts under color of state law for purposes of § 1983

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 487,542 times   692 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 346,412 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 156,480 times   194 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  14. Rule 19 - Required Joinder of Parties

    Fed. R. Civ. P. 19   Cited 9,538 times   54 Legal Analyses
    Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations

  15. Section 10101 - Voting rights

    52 U.S.C. § 10101   Cited 136 times
    Voting Rights Act

  16. Section 3456 - Petition; time of filing; amendment

    25 Pa. Stat. § 3456   Cited 4 times

    The commencement of proceedings in the case of contests of the second, third, fourth and fifth classes shall be by petition, which shall be made and filed, as herein required, within twenty days after the day of the primary or election, as the case may be. The petition shall concisely set forth the cause of complaint, showing wherein it is claimed that the primary or election is illegal, and after filing may be amended with leave of court, so as to include additional specifications of complaint.

  17. Section 3060 - Regulations in force at polling places

    25 Pa. Stat. § 3060   Cited 2 times

    (a) Until the polls are closed, no person shall be allowed in the polling place outside of the enclosed space at any primary or election, except the watchers, voters not exceeding ten at any one time who are awaiting their turn to vote, and peace officers, when necessary for the preservation of the peace. No elector shall be allowed to occupy a voting compartment or voting machine booth already occupied by another, except when giving assistance as permitted by this act. (b) No elector, except an

  18. Section 3459 - Bond by petitioners

    25 Pa. Stat. § 3459   Cited 2 times

    Whenever a petition to contest nomination or contest election of any class shall be presented to the General Assembly or to the court, it shall be the duty of said petitioners, within five days thereafter, to file a bond, signed by at least five of the said petitioners in such sum as the presiding officer of the Senate or said court shall designate, with two or more individual sureties or a corporate surety to be approved by the said officer or court or judge, conditioned for the payment of all costs

  19. Section 3457 - Petitioners and affidavits; requirements

    25 Pa. Stat. § 3457   Cited 1 times

    In each of the aforesaid second, third, fourth and fifth classes, the petitioners shall be registered electors who voted at the primary or election so contested. In cases of the third class, each petition shall be verified by the affidavits of at least ten of the petitioners; in the second, fourth and fifth classes, by the affidavit of at least five of the petitioners. Such affidavits shall be taken and subscribed before some person authorized by law to administer oaths, and shall set forth that