§Why CasetextPricing

Oliver v. New York State Police

MOTION to Dismiss for Failure to State a Claim

56 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,855 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 268,629 times   366 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. Nat'l R.R. Passenger Corp. v. Morgan

    536 U.S. 101 (2002)   Cited 10,305 times   31 Legal Analyses
    Holding limitations period for hostile-work-environment claim runs from the last act composing the claim

  4. Patterson v. County of Oneida, N.Y

    375 F.3d 206 (2d Cir. 2004)   Cited 3,167 times   2 Legal Analyses
    Holding in a 42 U.S.C. §§ 1981 and 1983 context that, “[a]lthough a single incident ordinarily will not give rise to a cognizable claim for hostile work environment, ... [where the plaintiff was subjected to] a physical assault in which [he] was punched in the ribs and ... temporarily blinded by having mace sprayed in his eyes [w]e cannot say that, as a matter of law, such an incident is not sufficiently severe, in all the circumstances, to create a hostile work environment”

  5. Terry v. Ashcroft

    336 F.3d 128 (2d Cir. 2003)   Cited 2,681 times   1 Legal Analyses
    Holding that plaintiff raised question of pretext by adducing evidence, inter alia, that "his supervisors transferred him in order to induce him to resign"

  6. Iqbal v. Hasty

    490 F.3d 143 (2d Cir. 2007)   Cited 1,826 times   1 Legal Analyses
    Holding that Twombly's plausibility standard "obliges a pleader to amplify a claim with some factual allegations in those contexts where such amplification is needed to render the claim plausible"

  7. Patane v. Clark

    508 F.3d 106 (2d Cir. 2007)   Cited 1,585 times   3 Legal Analyses
    Holding that discriminatory treatment is actionable "only when it occurs because of an employee's sex, or other protected characteristic"

  8. Galabya v. New York City Bd. of Educ

    202 F.3d 636 (2d Cir. 2000)   Cited 1,385 times
    Holding that teacher's reassignment from a "special education, junior high school keyboarding class" to a "mainstream high school keyboarding class" was not an adverse employment action, as there was no evidence reassignment could "constitute a setback to the plaintiff's career"

  9. Parker v. Columbia Pictures Industries

    204 F.3d 326 (2d Cir. 2000)   Cited 1,309 times   3 Legal Analyses
    Holding that "summary judgment may be appropriate under Cleveland where the SSDI and ADA claims ‘involve directly conflicting statements about purely factual matters’ "

  10. Cleveland v. Caplaw Enters.

    448 F.3d 518 (2d Cir. 2006)   Cited 962 times   2 Legal Analyses
    Holding district court was not required to convert motion to summary judgment where court did not consider deposition excerpts but, rather, relied only upon pleadings and contract incorporated by reference into the pleadings

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 489,827 times   693 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 348,148 times   927 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  13. Section 12101 - Findings and purpose

    42 U.S.C. § 12101   Cited 23,455 times   65 Legal Analyses
    Finding a pattern of " unnecessary discrimination and prejudice" that "costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity"

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

    Fed. R. Civ. P. 5   Cited 22,233 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

  15. Section 1985 - Conspiracy to interfere with civil rights

    42 U.S.C. § 1985   Cited 19,910 times   10 Legal Analyses
    Concerning conspiracies to obstruct justice or intimidate a party, witness, or juror

  16. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 10,095 times   17 Legal Analyses
    Permitting the use of declarations instead

  17. Section 1986 - Action for neglect to prevent

    42 U.S.C. § 1986   Cited 5,143 times   2 Legal Analyses
    Setting a 1-year statute of limitations

  18. Section 292 - Definitions

    N.Y. Exec. Law § 292   Cited 648 times   10 Legal Analyses
    Defining "disability" to include "a condition regarded by others as such an impairment"