§Why CasetextPricing

Nappier v. Snyder et al

BRIEF in support of MOTION to dismiss 16 and Certificate of Service

65 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,626 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 266,542 times   365 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. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,121 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  4. Will v. Michigan Dept. of State Police

    491 U.S. 58 (1989)   Cited 24,127 times
    Holding that official capacity state officer suits for prospective injunctive relief are suits against a "person" under § 1983 even though a "State" is not a "person" under that statute

  5. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 16,677 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. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,501 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  7. Buckley v. Fitzsimmons

    509 U.S. 259 (1993)   Cited 4,097 times
    Holding absolute prosecutorial immunity extends to "making false or defamatory statements during, and related to, judicial proceedings"

  8. Butz v. Economou

    438 U.S. 478 (1978)   Cited 3,885 times   2 Legal Analyses
    Holding that ALJs are entitled to absolute immunity from suit for damages stemming from official acts because they are "functionally comparable" to judges

  9. Maiden v. Rozwood

    461 Mich. 109 (Mich. 1999)   Cited 2,698 times   1 Legal Analyses
    Concluding that evidence submitted "after the summary disposition motion was argued" was "not properly before the [trial] court" when deciding the summary disposition motion

  10. Eidson v. Tennessee Department of Children's Services

    510 F.3d 631 (6th Cir. 2007)   Cited 1,065 times
    Holding that an analogy to Heck and malicious prosecution was inapt because plaintiff's claims were "not dependent on a determination" that the findings in a juvenile-court proceeding were wrong

  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 345,805 times   922 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,162 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section Amendment XI - Suits Against States

    U.S. Const. amend. XI   Cited 5,963 times
    Granting states immunity from cases "against one of the United States"

  14. Section 691.1407 - Immunity from tort liability; intentional torts; immunity of judge, legislator, official, and guardian ad litem; immunity of governmental agency under MISS DIG underground facility damage prevention and safety act; definitions

    Mich. Comp. Laws § 691.1407   Cited 1,863 times   2 Legal Analyses
    Granting only qualified immunity to lower-level government employees

  15. Section 691.1401 - Definitions

    Mich. Comp. Laws § 691.1401   Cited 932 times   5 Legal Analyses
    Defining "governmental agency" as "the state or a political subdivision"

  16. Section 300i - Emergency powers

    42 U.S.C. § 300i   Cited 28 times   3 Legal Analyses

    (a) Actions authorized against imminent and substantial endangerment to health Notwithstanding any other provision of this subchapter the Administrator, upon receipt of information that a contaminant which is present in or is likely to enter a public water system or an underground source of drinking water, or that there is a threatened or potential terrorist attack (or other intentional act designed to disrupt the provision of safe drinking water or to impact adversely the safety of drinking water

  17. Section 325.1001 - Short title

    Mich. Comp. Laws § 325.1001   Cited 13 times

    This act shall be known and may be cited as the "safe drinking water act". MCL 325.1001 1976, Act 399, Imd. Eff. 1/4/1977 .

  18. Section 691.1412 - Claims under act; defenses available

    Mich. Comp. Laws § 691.1412   Cited 11 times

    Claims under this act are subject to all of the defenses available to claims sounding in tort brought against private persons. MCL 691.1412 1964, Act 170, Eff. 7/1/1965 .

  19. Section 325.1021 - Violation as misdemeanor; penalty; issuance of appearance ticket; "minor offense" defined

    Mich. Comp. Laws § 325.1021   Cited 1 times

    (1) A person who violates this act or the rules promulgated under this act or an order issued pursuant to this act is guilty of a misdemeanor punishable by a fine of not more than $5,000.00 for each day of violation, or by imprisonment for not more than 1 year, or both. (2) A law enforcement officer may issue and serve an appearance ticket upon a person for a minor offense pursuant to sections 9c to 9g of chapter IV of the code of criminal procedure, 1927 PA 175, MCL 764.9c to 764.9g. (3) As used

  20. Section 325.1022 - Enforcement of act, rules, or orders; penalty

    Mich. Comp. Laws § 325.1022

    At the request of the department, the attorney general may bring an injunctive action or other appropriate action in the name of the people of the state to enforce this act, rules promulgated under this act, or an order issued pursuant to this act or the rules. In addition to other relief granted under this section, the court may impose a civil penalty of not more than $5,000.00 for each day of violation. MCL 325.1022 1976, Act 399, Imd. Eff. 1/4/1977 .