§Why CasetextPricing

Powell v. Miller et al

RESPONSE in Opposition re MOTION to Dismiss Complaint

8 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,791 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  2. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,728 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity

  3. Lugar v. Edmondson Oil Co.

    457 U.S. 922 (1982)   Cited 6,966 times   3 Legal Analyses
    Holding that an individual who uses a state replevin, garnishment, or attachment statute later declared to be unconstitutional acts under color of state law for purposes of § 1983

  4. Dennis v. Sparks

    449 U.S. 24 (1980)   Cited 2,357 times   1 Legal Analyses
    Holding that a private defendant can act under color of state law if it is a "willful participant in joint action with the State or its agents"

  5. Beck v. City of Muskogee Police Department

    195 F.3d 553 (10th Cir. 1999)   Cited 374 times
    Holding that Heck does not preclude such claims

  6. Lusby v. T.G. Y. Stores, Inc.

    749 F.2d 1423 (10th Cir. 1984)   Cited 184 times
    Holding that off-duty police officer working as a store security guard was acting under color of state law when he flashed his badge, identified himself as a police officer, and arrested the alleged shoplifter on the spot

  7. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 507,464 times   709 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  8. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,455 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."