§Why CasetextPricing

M.B. v. Long et al

MEMORANDUM in Support of 21 MOTION to Dismiss

81 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. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 16,637 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"

  4. Daniels v. Williams

    474 U.S. 327 (1986)   Cited 12,709 times   5 Legal Analyses
    Holding that "the Due Process Clause [of the Fourteenth Amendment] is simply not implicated by a negligent act of an official causing unintended loss of or injury to life, liberty, or property"

  5. Parratt v. Taylor

    451 U.S. 527 (1981)   Cited 10,677 times   6 Legal Analyses
    Holding that a negligent prison official, in mishandling and losing a prisoner's mail, had effectuated a due process violation, but that the state's availability of a postdeprivation tort remedy cured the violation

  6. Zinermon v. Burch

    494 U.S. 113 (1990)   Cited 4,657 times   3 Legal Analyses
    Holding that a deprivation by an official's abuse of position is not unauthorized

  7. Olim v. Wakinekona

    461 U.S. 238 (1983)   Cited 4,709 times
    Holding that the discretionary nature of the prison decision at issue negated any state-created liberty interest in the prison regulations that required a particular kind of hearing before the decision could be made

  8. 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"

  9. Gebser v. Lago Vista Independent School District

    524 U.S. 274 (1998)   Cited 1,628 times   16 Legal Analyses
    Holding that a school's failure to follow a Title IX regulation "d[id] not itself constitute 'discrimination’ under Title IX"

  10. Green v. Mansour

    474 U.S. 64 (1985)   Cited 1,861 times
    Holding that notice relief was barred by sovereign immunity

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 485,423 times   688 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,180 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  13. Section 794 - Nondiscrimination under Federal grants and programs

    29 U.S.C. § 794   Cited 12,297 times   29 Legal Analyses
    Adopting ADA standards for Rehabilitation Act claims

  14. Section 12102 - Definition of disability

    42 U.S.C. § 12102   Cited 10,761 times   40 Legal Analyses
    Recognizing ADA claim where plaintiff is "regarded as" disabled

  15. Section 12132 - Discrimination

    42 U.S.C. § 12132   Cited 8,186 times   11 Legal Analyses
    Prohibiting disability discrimination by public entities

  16. Section 1396a - State plans for medical assistance

    42 U.S.C. § 1396a   Cited 3,533 times   39 Legal Analyses
    Concluding paragraph, exception

  17. Section 28-3-104 - Personal tort actions; actions against certain professionals

    Tenn. Code § 28-3-104   Cited 1,585 times   4 Legal Analyses
    Setting forth a one-year statute of limitations for § 1983 claims

  18. Section 705 - Definitions

    29 U.S.C. § 705   Cited 1,060 times   3 Legal Analyses
    Adopting the definition of disability set forth in § 12102

  19. Section 12133 - Enforcement

    42 U.S.C. § 12133   Cited 738 times
    Adopting the "remedies, procedures, and rights set forth in section 794a of Title 29"

  20. Section 4-5-322 - Judicial review

    Tenn. Code § 4-5-322   Cited 637 times
    Requiring that petitions for judicial review be filed in the Chancery Court within 60 days of an agency's final order

  21. Section 435.907 - Application

    42 C.F.R. § 435.907   Cited 11 times
    Stating that “the agency must accept an application” for Medicaid

  22. Section 1200-13-19-.02 - DEFINITIONS

    Tenn. Comp. R. & Regs. 1200-13-19-.02

    (1) Administrative Judge. An impartial employee of the Agency who has no direct involvement in the action under consideration prior to the filing of the appeal; is licensed to practice law; is authorized to conduct administrative hearings; and, will hear contested cases and will enter Initial Orders as set out in T.C.A. §§ 4-5-301(a)(2) and 314(b). (2) Agency. The TennCare Bureau or CoverKids, as applicable. (3) Agency Record. The Agency record will consist solely of: notice of all proceedings; any