§Why CasetextPricing

May et al v. Andres et al

Motion to Dismiss for Failure to State a Claim, Second MOTION to Dismiss for Lack of Jurisdiction

79 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,203 times   280 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 268,949 times   367 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. Monell v. New York City Dept. of Social Services

    436 U.S. 658 (1978)   Cited 67,600 times   15 Legal Analyses
    Holding that "local government ... are 'persons'" for purposes of 42 U.S.C. § 1983

  4. Arbaugh v. Y H Corp.

    546 U.S. 500 (2006)   Cited 7,920 times   27 Legal Analyses
    Holding that Title VII's numerosity requirement is nonjurisdictional even though it serves the important policy goal of “spar[ing] very small businesses from Title VII liability”

  5. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 16,804 times   6 Legal Analyses
    Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

  6. Pembaur v. Cincinnati

    475 U.S. 469 (1986)   Cited 9,201 times
    Holding that a county prosecutor's order to forcibly enter the plaintiff's clinic was a "municipal policy"

  7. Oklahoma City v. Tuttle

    471 U.S. 808 (1985)   Cited 5,940 times
    Holding inadequate training is "far more nebulous, and a good deal further removed from the constitutional violation, than was the policy in Monell"

  8. Allen v. Wright

    468 U.S. 737 (1984)   Cited 4,780 times   9 Legal Analyses
    Holding that, even when plaintiffs allege "one of the most serious injuries recognized in our legal system," it's not justiciable where "the chain of causation between the challenged Government conduct and the asserted injury are far too weak for the chain as a whole to sustain respondents' standing"

  9. FW/PBS, Inc. v. City of Dallas

    493 U.S. 215 (1990)   Cited 2,378 times   2 Legal Analyses
    Holding that the burden is on the plaintiff to allege facts sufficient to establish jurisdiction (quoting McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 189 (1936))

  10. City of Newport v. Fact Concerts, Inc.

    453 U.S. 247 (1981)   Cited 3,087 times   2 Legal Analyses
    Holding that municipalities and other government entities are immune from punitive damages under § 1983

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 490,314 times   695 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 348,503 times   930 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 157,606 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  14. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,254 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

  15. Section 1988 - Proceedings in vindication of civil rights

    42 U.S.C. § 1988   Cited 21,852 times   43 Legal Analyses
    Finding that 28 U.S.C. § 1920 defines the term "costs" as used in Rule 54(d) and enumerates the expenses that a federal court may tax as a cost under the discretionary authority granted in Rule 54(d)

  16. Section 22.01 - Assault

    Tex. Pen. Code § 22.01   Cited 2,436 times
    Defining "[a]ssault" as "intentionally, knowingly, or recklessly caus[ing] bodily injury to another"

  17. Section 9.31 - Self-Defense

    Tex. Pen. Code § 9.31   Cited 1,192 times
    Providing that use of force is presumed to be reasonable if the actor is not otherwise engaged in "criminal activity . . ."

  18. Section 101.057 - Civil Disobedience and Certain Intentional Torts

    Tex. Civ. Prac. & Rem. Code § 101.057   Cited 570 times
    Including cities in the definition of "governmental units" for purposes of the Texas Tort Claims Act

  19. Section 71.021 - Survival of Cause of Action

    Tex. Civ. Prac. & Rem. Code § 71.021   Cited 254 times
    Stating that the survival action "survives to and in favor of the heirs, legal representatives, and estate of the injured person"

  20. Section 71.004 - Benefitting From and Bringing Action

    Tex. Civ. Prac. & Rem. Code § 71.004   Cited 197 times
    Stating that only the victim's surviving spouse, children, and parents of the deceased may recover for the victim's wrongful death