§Why CasetextPricing

Rascoe et al v. Cody et al

BRIEF IN OPPOSITION re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

33 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Holland v. Florida

    560 U.S. 631 (2010)   Cited 14,521 times   11 Legal Analyses
    Holding that § 2254 does not preclude equitable tolling of a statute of limitations based on attorney misconduct in habeas proceedings

  3. Pace v. Diguglielmo

    544 U.S. 408 (2005)   Cited 13,097 times   8 Legal Analyses
    Holding that a five-month delay demonstrated a lack of diligence

  4. Monell v. New York City Dept. of Social Services

    436 U.S. 658 (1978)   Cited 69,231 times   15 Legal Analyses
    Holding that "local governments] . . . are 'persons'" for purposes of 42 U.S.C. § 1983

  5. Canton v. Harris

    489 U.S. 378 (1989)   Cited 16,772 times   2 Legal Analyses
    Holding that the city could be held liable for failing to train police officers in determining whether detainees needed medical care because of the likelihood that, absent proper training, the officers would default on their constitutional obligations

  6. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 17,334 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  7. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,432 times   4 Legal Analyses
    Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"

  8. Williamson Planning Comm'n v. Hamilton Bank

    473 U.S. 172 (1985)   Cited 2,742 times   46 Legal Analyses
    Holding that “if a State provides an adequate procedure for seeking just compensation, the property owner cannot claim a violation of the Just Compensation Clause [of the United States Constitution] until it has used the procedure and been denied just compensation”

  9. Kach v. Hose ex rel. St. Moritz Security Services, Inc.

    589 F.3d 626 (3d Cir. 2009)   Cited 1,723 times
    Holding that because the record "leaves no room for doubt that [defendant] was bent on a singularly personal frolic," his conduct was "not cognizable as state action for § 1983 purposes"

  10. Spitsyn v. Moore

    345 F.3d 796 (9th Cir. 2003)   Cited 1,543 times
    Holding that a petitioner's attorney's misconduct may justify equitable tolling

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 501,343 times   705 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 357,835 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  14. Section 1026 - Refusal to issue license; revocation; notice

    62 Pa. Stat. § 1026   Cited 12 times
    Setting forth notice of violation requirements

  15. Section 1008 - Provisional license

    62 Pa. Stat. § 1008   Cited 8 times

    (a) When there has been substantial but not complete compliance with all the applicable statutes, ordinances and regulations and when the applicant has taken appropriate steps to correct deficiencies, the department shall issue a provisional license. (b) The department may issue a provisional license under this section when it is unable to assess compliance with all statutes, ordinances and regulations because the facility has not yet begun to operate. (c) A provisional license shall be for a specified

  16. Section 1016 - Right to enter and inspect

    62 Pa. Stat. § 1016   Cited 3 times
    Relating to right to enter and inspect

  17. Section 1087 - Revocation or nonrenewal of license

    62 Pa. Stat. § 1087

    (a) (1) The department shall temporarily revoke the license of a personal care home or assisted living residence if, without good cause, one or more Class I violations remain uncorrected twenty-four hours after the operator has been cited for such violation or if, without good cause, one or more Class II violations remain uncorrected fifteen days after being cited for such violation. (2) Upon the revocation of a license pursuant to this subsection, all residents shall be relocated. (3) The revocation

  18. Section 2600.130 - Smoke detectors and fire alarms

    55 Pa. Code § 2600.130

    (a) There shall be an operable automatic smoke detector located within 15 feet of each bedroom door. (b) The smoke detectors specified in subsection (a) shall be located in hallways. (c) Smoke detectors and fire alarms must be of a type approved by the Department of Labor and Industry, the appropriate local building authority or local fire safety expert, or listed by Underwriters Laboratories. (d) If the home serves nine or more residents, there shall be at least one smoke detector on each floor