§Why CasetextPricing

M. et al v. Carcieri et al

MOTION to Dismiss Amended Complaint WITH SUPPORTING MEMO

109 Cited authorities

  1. Exxon Mobil Corp. v. Saudi Basic Industries Corp.

    544 U.S. 280 (2005)   Cited 8,029 times   5 Legal Analyses
    Holding that the Rooker-Feldman doctrine bars "cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments"

  2. Troxel v. Granville

    530 U.S. 57 (2000)   Cited 5,110 times   8 Legal Analyses
    Holding statute unconstitutional as applied

  3. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,536 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"

  4. D.C. Court of Appeals v. Feldman

    460 U.S. 462 (1983)   Cited 10,569 times   4 Legal Analyses
    Holding plaintiffs’ claims that the state court acted arbitrarily and capriciously in denying plaintiffs’ petitions for waiver were inextricably intertwined with the state-court judgment denying their petitions

  5. Gonzaga University v. Doe

    536 U.S. 273 (2002)   Cited 3,227 times   9 Legal Analyses
    Holding that nothing "short of an unambiguously conferred right ... support a cause of action brought under § 1983"

  6. Younger v. Harris

    401 U.S. 37 (1971)   Cited 16,752 times   14 Legal Analyses
    Holding that it was improper for the district court in that case to enjoin a state prosecution against Younger, in light of "the national policy forbidding federal courts to stay or enjoin pending state court proceedings except under special circumstances"

  7. Santosky v. Kramer

    455 U.S. 745 (1982)   Cited 8,748 times   4 Legal Analyses
    Holding that "[b]efore a State may sever ... the rights of parents in their natural child, due process requires that the State support its allegations by at least clear and convincing evidence"

  8. Colorado River Water Cons. Dist. v. U.S.

    424 U.S. 800 (1976)   Cited 8,190 times   13 Legal Analyses
    Holding that, in limited circumstances, federal courts should abstain from deciding a case when there are related proceedings pending in state court

  9. Middlesex Ethics Comm. v. Garden State Bar Assn

    457 U.S. 423 (1982)   Cited 4,414 times   1 Legal Analyses
    Holding that because an important state interest was involved and no bad faith, harassment, or other exceptional circumstances dictated to the contrary, federal courts should abstain from interfering with ongoing state bar disciplinary proceedings

  10. Whitmore v. Arkansas

    495 U.S. 149 (1990)   Cited 2,857 times   16 Legal Analyses
    Holding that a third party does not have "standing to challenge the validity of a death sentence imposed on a capital defendant who has elected to forgo his right of appeal"

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 487,887 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 346,675 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 60 - Relief from a Judgment or Order

    Fed. R. Civ. P. 60   Cited 53,669 times   147 Legal Analyses
    Granting relief from the operation of a judgment

  14. Rule 17 - Plaintiff and Defendant; Capacity; Public Officers

    Fed. R. Civ. P. 17   Cited 9,170 times   23 Legal Analyses
    Providing that, for this type of entity, "[c]apacity to sue or be sued is determined . . . by the law of the state where the court is located"

  15. Section 1396 - Medicaid and CHIP Payment and Access Commission

    42 U.S.C. § 1396   Cited 3,145 times   9 Legal Analyses
    Distinguishing explicitly between state- and federally-funded patient populations

  16. Section 1232g - Family educational and privacy rights

    20 U.S.C. § 1232g   Cited 1,218 times   55 Legal Analyses
    Prohibiting release of educational records without consent

  17. Section 671 - State plan for foster care and adoption assistance

    42 U.S.C. § 671   Cited 747 times
    Requiring States receiving federal funds for foster care and adoption assistance to make “reasonable efforts . . . to preserve and reunify families” prior to foster care placement or removal of a child from its home

  18. Section 675 - Definitions

    42 U.S.C. § 675   Cited 414 times
    Requiring procedures to assure children are placed in least restrictive settings

  19. Section 620 - Repealed

    42 U.S.C. § 620   Cited 203 times

    42 U.S.C. § 620 Pub. L. 109-288, §6(a), Sept. 28, 2006, 120 Stat. 1244 Section, act Aug. 14, 1935, ch. 531, title IV, §420, as added Pub. L. 90-248, title II, §240(c), Jan. 2, 1968, 81 Stat. 911; amended Pub. L. 92-603, title IV, §412, Oct. 30, 1972, 86 Stat. 1492; Pub. L. 96-272, title I, §103(a), June 17, 1980, 94 Stat. 516; Pub. L. 98-369, div. B, title VI, §2663(c)(8), July 18, 1984, 98 Stat. 1166; Pub. L. 101-239, title X, §10401(a), Dec. 19, 1989, 103 Stat. 2487, authorized appropriations for

  20. Section 15-7-7 - Termination of parental rights

    R.I. Gen. Laws § 15-7-7   Cited 182 times
    Requiring that DCYF employ reasonable efforts prior to filing its petition to terminate parental rights pursuant to § 15-7-7

  21. Section 1355.32 - Timetable for the reviews

    45 C.F.R. § 1355.32   Cited 6 times

    (a)Initial reviews. Each State must complete an initial full review as described in § 1355.33 of this part during the four-year period after the final rule becomes effective. Each Tribal title IV-E agency must complete an initial full review as described in § 1355.33 of this part, during the four-year period after the ACF determines that the Tribe has approved title IV-B, subpart 1 and 2 and title IV-E plans and has sufficient cases for ACF to apply the procedures in § 1355.33(c) . (b)Reviews following

  22. Section 284.11 - What definitions apply to this part?

    45 C.F.R. § 284.11   Cited 2 times

    The following definitions apply to this part: ACF means the Administration for Children and Families. Act means the Social Security Act, unless otherwise specified. Census Bureau methodology means the various methods developed by the Census Bureau for estimating the number and percentage of children in poverty in each State. These methods may include national estimates based on the Current Population Survey; the Small Area Income and Poverty Estimates; the annual demographic programs, including the