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Mackenzie v. Castro et al

Motion to Dismiss for Failure to State a Claim

39 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,689 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 265,662 times   364 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. Bennett v. Spear

    520 U.S. 154 (1997)   Cited 3,682 times   35 Legal Analyses
    Holding that a Final Biological Opinion has "legal consequences," even though the action agency is not legally obligated to accept the opinion's recommendations or conclusions, because the opinion "alter the legal regime to which the action agency is subject"

  4. In re Katrina Canal

    495 F.3d 191 (5th Cir. 2007)   Cited 4,527 times   6 Legal Analyses
    Holding that flood exclusion provisions in State Farm policy covered damage caused by flooding due to breached levees

  5. Heckler v. Chaney

    470 U.S. 821 (1985)   Cited 2,037 times   20 Legal Analyses
    Holding that a statute did not provide meaningful standards because it did not "speak to the criteria which shall be used by the agency for investigating possible violations of the [statute]"

  6. Newsome v. E.E.O.C

    301 F.3d 227 (5th Cir. 2002)   Cited 534 times
    Holding the same regarding claims brought under 42 U.S.C. § 1985

  7. Jordan v. Summers

    205 F.3d 337 (7th Cir. 2000)   Cited 360 times
    Holding plaintiff's claim that agency "botched the processing of her [EEO] complaint . . . does not state a claim upon which relief can be granted"

  8. Martinez v. U.S.

    333 F.3d 1295 (Fed. Cir. 2003)   Cited 261 times   1 Legal Analyses
    Holding that in a military discharge case, "plaintiff's cause of action for back pay accrues at the time of the plaintiff's discharge"

  9. Turner v. Secretary Housing Urban Devel

    449 F.3d 536 (3d Cir. 2006)   Cited 34 times
    Holding that the fact that the plaintiff's complaint had been dismissed in an earlier proceeding did not mean that the proceeding was not an adequate remedy in court

  10. Godwin v. Secretary of Hous. Urban Develop

    356 F.3d 310 (D.C. Cir. 2004)   Cited 30 times
    Holding that while the FHA authorizes judicial review when HUD charges discriminatory housing practices, it confers no right of review when HUD fails to issue a charge; hence a federal court lacks jurisdiction over an action for such review

  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 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 21,910 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

  13. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,402 times   183 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  14. Section 551 - Definitions

    5 U.S.C. § 551   Cited 4,735 times   69 Legal Analyses
    Adopting the definition set out in the APA

  15. Section 704 - Actions reviewable

    5 U.S.C. § 704   Cited 4,243 times   31 Legal Analyses
    Granting judicial review over " final agency action"

  16. Section 2000d - Prohibition against exclusion from participation in, denial of benefits of, and discrimination under federally assisted programs on ground of race, color, or national origin

    42 U.S.C. § 2000d   Cited 4,141 times   13 Legal Analyses
    Prohibiting race discrimination in "any program or activity receiving Federal financial assistance"

  17. Section 3604 - Discrimination in the sale or rental of housing and other prohibited practices

    42 U.S.C. § 3604   Cited 4,065 times   64 Legal Analyses
    Requiring any "accommodation" in "rules, policies, practices, or services" to be "reasonable"

  18. Section 3601 - Declaration of policy

    42 U.S.C. § 3601   Cited 3,984 times   44 Legal Analyses
    Stating the FHA is intended to provide “fair housing throughout the United States”

  19. Section 3613 - Enforcement by private persons

    42 U.S.C. § 3613   Cited 1,539 times   6 Legal Analyses
    Granting right to sue in state or federal court

  20. Section 3602 - Definitions

    42 U.S.C. § 3602   Cited 1,160 times   8 Legal Analyses
    Defining "dwelling" as "any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof"

  21. Section 8.56 - Conduct of investigations

    24 C.F.R. § 8.56   Cited 9 times

    (a)Periodic compliance reviews. The responsible civil rights official or designee may periodically review the practices of recipients to determine whether they are complying with this part and where he or she has a reasonable basis to do so may conduct on-site reviews. Such basis may include any evidence that a problem exists or that programmatic matters exist that justify on-site investigation in selected circumstances. The responsible civil rights official shall initiate an on-site review by sending

  22. Section 1.8 - Procedure for effecting compliance

    24 C.F.R. § 1.8   Cited 3 times

    (a)General. If there appears to be a failure or threatened failure to comply with this part 1, and if the noncompliance or threatened noncompliance cannot be corrected by informal means, compliance with this part 1 may be effected by the suspension or termination of or refusal to grant or to continue Federal financial assistance, or by any other means authorized by law. Such other means may include, but are not limited to: (1) A reference to the Department of Justice with a recommendation that appropriate

  23. Section 6.11 - Conduct of investigations

    24 C.F.R. § 6.11   Cited 2 times

    (a)Filing a complaint - (1)Who may file. Any person who believes that he or she has been subjected to discrimination prohibited by this part may file, or may have an authorized representative file on his or her behalf, a complaint with the Responsible Official. Any person who believes that any specific class of persons has been subjected to discrimination prohibited by this part and who is a member of that class or who is the authorized representative of a member of that class may file a complaint

  24. Section 8.57 - Procedure for effecting compliance

    24 C.F.R. § 8.57   Cited 1 times

    (a)General. If there appears to be a failure or threatened failure to comply with this part and if the noncompliance or threatened noncompliance cannot be corrected by informal means, compliance with this part may be effected by the suspension or termination of or refusal to grant or to continue Federal financial assistance, or by other means authorized by law. Such other means may include, but are not limited to: (1) A referral to the Department of Justice with a recommendation that appropriate

  25. Section 103.40 - Can I change my complaint after it is filed?

    24 C.F.R. § 103.40

    (a) Yes, you may change your fair housing complaint: (1) At any time to add or remove people according to the law and the facts; or (2) To correct other items, such as to add additional information found during the investigation of the complaint. (b) You must approve any change to your complaint; we will consider the changes made as of the date of your original complaint. 24 C.F.R. §103.40 64 FR 18540, Apr. 14, 1999

  26. Section 6.12 - Procedure for effecting compliance

    24 C.F.R. § 6.12

    (a) Whenever the Assistant Secretary determines that a Recipient of Federal financial assistance has failed to comply with Section 109(a) or this part and voluntary compliance efforts have failed, the Secretary will notify the Governor of the State or the Chief Executive Officer of the unit of general local government of the findings of noncompliance and will request that the Governor or the Chief Executive Officer secure compliance. If within a reasonable period of time, not to exceed 60 days, the