93 Cited authorities

  1. Estelle v. Gamble

    429 U.S. 97 (1976)   Cited 43,646 times   6 Legal Analyses
    Holding that the proper forum for challenging a medical judgment was under state medical malpractice law
  2. Exxon Mobil Corp. v. Saudi Basic Industries Corp.

    544 U.S. 280 (2005)   Cited 6,489 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 4,640 times   7 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 7,200 times   11 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 3,513 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 2,325 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 2,850 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 1,701 times   2 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 814 times   3 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 1,665 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 267,561 times   779 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 7,209 times   21 Legal Analyses
    Directing federal courts to consider state law in determining a party's capacity to be sued
  13. Section 38-2-2 - Definitions

    R.I. Gen. Laws § 38-2-2   Cited 14 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”
  14. Section 15-7-7 - Termination of parental rights

    R.I. Gen. Laws § 15-7-7   Cited 9 times

    (a) The court shall, upon a petition duly filed by a governmental child placement agency or licensed child placement agency , or by the birthmother or guardian of a child born under circumstances referenced in subsection (a)(2)(viii) of this section, after notice to the parent and a hearing on the petition, terminate any and all legal rights of the parent to the child, including the right to notice of any subsequent adoption proceedings involving the child, if the court finds as a fact by clear and

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

    R.I. Gen. Laws § 42-73-7   Cited 4 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

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

    R.I. Gen. Laws § 42-72-5   Cited 2 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

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

    R.I. Gen. Laws § 14-1-32   Cited 2 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

  18. Section 40-11-7.1 - Family court proceedings

    R.I. Gen. Laws § 40-11-7.1   Cited 2 times

    (a) The family court shall, upon the filing of an ex parte petition, hereunder, immediately take any action it deems necessary or appropriate for the protection of the child, or children, suspected of being abused or neglected, including the removal of the child, or children, from the custody of the parent or parents, or other person suspected of the abuse or neglect. (b) A hearing on the petition shall be held within seven (7) days from the filing thereof, for the court to: (1) Advise the parent

  19. Section 40-11-7 - Investigation of reports - petition for removal from custody - report to child advocate - attorney general - court-appointed special advocate - children's advocacy center

    R.I. Gen. Laws § 40-11-7   Cited 1 times

    (a) The department shall investigate reports of child abuse and neglect made under this chapter in accordance with the rules the department has promulgated and in order to determine the circumstances surrounding the alleged abuse or neglect and the cause thereof. The investigation shall include personal contact with the child named in the report and any other children in the same household. Any person required to investigate reports of child abuse and/or neglect may question the subjects of those

  20. Section 40-11-12.2 - Permanency plan - Order of court

    R.I. Gen. Laws § 40-11-12.2   Cited 1 times

    (a) At every regularly scheduled family court review and/or permanency hearing of any child found to be abused or neglected under § 40-11-12 or dependent under § 14-1-34, the department shall present a written reunification and/or permanency plan to the court for approval. The plan shall include whether, and if applicable when, the child will be returned to the parent, placed for adoption, referred for legal guardianship, placed with a fit and willing relative, or (in cases whether the department