25 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,413 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 269,161 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' "
Tannenbaum v. U.S.
148 F.3d 1262 (11th Cir. 1998) Cited 2,780 times
Holding that pro se pleadings "are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed"
Hughes v. Lott
350 F.3d 1157 (11th Cir. 2003) Cited 1,606 times 2 Legal Analyses
Holding that because the "circumstances surrounding Hughes's convictions for burglary and receipt of stolen property are unknown from the record . . . [i]t was impossible . . . for the district court to determine that a successful § 1983 action for unreasonable search and seizure necessarily implied the invalidity of those convictions
Roe v. Aware Woman Center for Choice, Inc.
253 F.3d 678 (11th Cir. 2001) Cited 930 times
Holding complaint must "contain inferential allegations from which [the court] can identify each of the material elements necessary to sustain a recovery"
Anderson v. District Board of Trustees of Central Florida Community College
77 F.3d 364 (11th Cir. 1996) Cited 908 times
Holding that plaintiffs are required to "present each claim for relief in a separate count" rather than asserting numerous claims within a single count
Thaeter v. Palm Beach Cty. Sheriff's Office
449 F.3d 1342 (11th Cir. 2006) Cited 367 times
In Thaeter, the Eleventh Circuit found that the Palm Beach County Sheriff's Office's (“PCBSO”) off-duty employment screening provision was not unconstitutionally vague.
Lampkin-Asam v. Volusia County School Board
261 F. App'x 274 (11th Cir. 2008) Cited 225 times
Holding that a pro se complaint which was "disjointed, repetitive, disorganized and barely comprehensible" was correctly dismissed because such a pleading did not articulate claims with sufficient clarity to allow defendant to frame a responsive pleading
Fikes v. City of Daphne
79 F.3d 1079 (11th Cir. 1996) Cited 277 times
Holding that "the question of whether police officers are properly performing their duties, as a public safety issue, must be considered an issue of political or social concern"
Williams v. Fulton Cnty. Sch. Dist.
181 F. Supp. 3d 1089 (N.D. Ga. 2016) Cited 45 times
Holding that plaintiff stated a § 1983 supervisory liability claim against principal where complaint alleged facts suggesting that principal knew offending teacher was "harming disabled students for three years and did nothing about it — or worse, took actions that may have condoned or encouraged it"
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 348,708 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
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 157,731 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 10 - Form of Pleadings
Fed. R. Civ. P. 10 Cited 19,706 times 10 Legal Analyses
Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion
Section 12112 - Discrimination
42 U.S.C. § 12112 Cited 13,600 times 159 Legal Analyses
Recognizing failure to accommodate as form of discrimination
Section 794 - Nondiscrimination under Federal grants and programs
29 U.S.C. § 794 Cited 12,391 times 29 Legal Analyses
Adopting ADA standards for Rehabilitation Act claims

Orloski v. Vincent House et al

25 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

Holding that pro se pleadings "are held to a less stringent standard than pleadings drafted by attorneys and will, therefore, be liberally construed"

Holding complaint must "contain inferential allegations from which [the court] can identify each of the material elements necessary to sustain a recovery"

Holding that plaintiffs are required to "present each claim for relief in a separate count" rather than asserting numerous claims within a single count

In Thaeter, the Eleventh Circuit found that the Palm Beach County Sheriff's Office's (“PCBSO”) off-duty employment screening provision was not unconstitutionally vague.

Holding that a pro se complaint which was "disjointed, repetitive, disorganized and barely comprehensible" was correctly dismissed because such a pleading did not articulate claims with sufficient clarity to allow defendant to frame a responsive pleading

Holding that "the question of whether police officers are properly performing their duties, as a public safety issue, must be considered an issue of political or social concern"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

Recognizing failure to accommodate as form of discrimination

Adopting ADA standards for Rehabilitation Act claims