§Why CasetextPricing

M. et al v. Carcieri et al

RESPONSE in Opposition re MOTION to Dismiss Plaintiffs' Supplemental Memorandum of Law

93 Cited authorities

  1. Estelle v. Gamble

    429 U.S. 97 (1976)   Cited 54,728 times   6 Legal Analyses
    Holding that the government has an obligation to provide medical care to incarcerated persons

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

    544 U.S. 280 (2005)   Cited 7,983 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"

  3. Deshaney v. Winnebago Cty. Soc. Servs. Dept

    489 U.S. 189 (1989)   Cited 5,604 times   8 Legal Analyses
    Holding that negligence by a county social services department which left a child permanently brain damaged by his abusive father did not shock the conscience

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

    424 U.S. 800 (1976)   Cited 8,167 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

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

    457 U.S. 423 (1982)   Cited 4,385 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

  6. Whitmore v. Arkansas

    495 U.S. 149 (1990)   Cited 2,843 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"

  7. Youngberg v. Romeo

    457 U.S. 307 (1982)   Cited 3,127 times   1 Legal Analyses
    Holding that severely retarded man's liberty interests in safety, freedom from bodily restraint and reasonable training survive involuntary commitment

  8. New Orleans Pub. Serv., Inc. v. New Orleans

    491 U.S. 350 (1989)   Cited 2,002 times   3 Legal Analyses
    Holding that Burford abstention is not appropriate where the plaintiff's claim "does not involve a state-law claim," and rejecting the Fifth Circuit's declaration that "`the absence of a state law claim [is] not fatal'" to the application of Burford abstention

  9. Marshall v. Marshall

    547 U.S. 293 (2006)   Cited 1,041 times   4 Legal Analyses
    Holding claim did not fall within probate exception even though it raised "questions which would ordinarily be decided by a probate court in determining the validity of the decedent's estate planning instrument"

  10. Huffman v. Pursue, Ltd.

    420 U.S. 592 (1975)   Cited 1,832 times   2 Legal Analyses
    Holding that Younger abstention is warranted when a civil enforcement action that is "akin to a criminal prosecution" is pending in state court

  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 344,767 times   920 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 17 - Plaintiff and Defendant; Capacity; Public Officers

    Fed. R. Civ. P. 17   Cited 9,125 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"

  13. 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

  14. Section 38-2-2 - Definitions

    R.I. Gen. Laws § 38-2-2   Cited 30 times
    Providing that such law-enforcement records are exempt only to extent that their disclosure “could reasonably be expected to interfere with investigations of criminal activity or with enforcement proceedings”; “would deprive a person of a right to a fair trial or an impartial adjudication”; “could reasonably be expected to constitute an unwarranted invasion of personal privacy”; “could reasonably be expected to disclose the identity of a confidential source ... or the information furnished by a confidential source”; “would disclose techniques and procedures for law enforcement investigations or prosecutions” or “could reasonably be expected to endanger the life or physical safety of any individual”

  15. Section 14-1-32 - Power of court to order disposition of child

    R.I. Gen. Laws § 14-1-32   Cited 9 times

    If the court finds that a child is delinquent, wayward, neglected, dependent, or otherwise within the provisions of this chapter, it may by order duly entered proceed as follows: (1) The court may place the child on probation or under supervision in his or her own home or in the custody of a relative or other suitable person, or in the custody of the director of children, youth and families, upon any terms the court determines. Nothing in this section shall prohibit the placement of a child in any

  16. Section 42-72-2 - Declaration of policy

    R.I. Gen. Laws § 42-72-2   Cited 9 times

    The state finds and declares: (1) That parents have the primary responsibility for meeting the needs of their children, and the state has an obligation to help them discharge this responsibility or to assume this responsibility when parents are unable to do so; (2) That the state has a basic obligation to promote, safeguard and protect the social well-being and development of the children of the state through a comprehensive program providing for: (i) Social services and facilities for children who

  17. Section 42-72-8 - Confidentiality of records

    R.I. Gen. Laws § 42-72-8   Cited 6 times
    Listing fourteen exceptions where juvenile and family "records may be disclosed when necessary"

  18. Section 14-1-30 - Conduct of hearings

    R.I. Gen. Laws § 14-1-30   Cited 6 times
    Mandating that in the Family Court, "[a]ll cases involving children shall be heard separately and apart from the trial of cases against adults"

  19. Section 42-73-7 - Duties of advocate

    R.I. Gen. Laws § 42-73-7   Cited 5 times

    The child advocate shall perform the following duties: (1) Insure that each child in protective care, custody or in treatment, and in proper cases, others interested in the child's welfare is apprised of his or her rights under this chapter and chapter 72 of this title; (2) Review periodically the procedures established by the department of children, youth, and families to carry out the provisions of chapter 72 of this title with a view toward the rights of the children and to investigate in accordance

  20. Section 42-72-5 - Powers and scope of activities

    R.I. Gen. Laws § 42-72-5   Cited 5 times

    (a) The department is the principal agency of the state to mobilize the human, physical, and financial resources available to plan, develop, and evaluate a comprehensive and integrated statewide program of services designed to ensure the opportunity for children to reach their full potential. The services include prevention, early intervention, outreach, placement, care and treatment, and after-care programs; provided, however, that the department notifies the state police and cooperates with local