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Robbins v. City of Miami Beach et al

MOTION to Dismiss 39 Amended Complaint Counts VIII-X

24 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,946 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,983 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

  3. Davis v. Coca-Cola Bottling

    516 F.3d 955 (11th Cir. 2008)   Cited 973 times   2 Legal Analyses
    Holding that hiring decisions were "discrete acts of discrimination" that could not go forward under the continuing-violation doctrine

  4. Anderson v. District Board of Trustees of Central Florida Community College

    77 F.3d 364 (11th Cir. 1996)   Cited 950 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

  5. Quality Foods v. Latin Am. Agribusiness Devel

    711 F.2d 989 (11th Cir. 1983)   Cited 895 times   1 Legal Analyses
    Holding that liberalized consideration of complaint espoused in Conley "is particularly true in an antitrust suit where the proof and details of the alleged conspiracy are largely in the hands of the alleged co-conspirators."

  6. Associated Builders, v. Alabama Power Company

    505 F.2d 97 (5th Cir. 1974)   Cited 496 times
    Holding that district court was correct to grant defendant's motion to dismiss where a reasonable fact-finder could not find that a prospectus that plaintiff appended to the complaint was misleading

  7. Oladeinde v. City of Birmingham

    963 F.2d 1481 (11th Cir. 1992)   Cited 274 times
    Holding that, absent a discharge or more, injury to reputation itself is not a protected liberty interest

  8. City of Miami v. Sanders

    672 So. 2d 46 (Fla. Dist. Ct. App. 1996)   Cited 230 times
    Holding in an analogous context that "[i]f excessive force is used in an arrest, the ordinarily protected use of force by a police officer is transformed into a battery"

  9. Quilling v. Price

    894 So. 2d 1061 (Fla. Dist. Ct. App. 2005)   Cited 49 times

    No. 5D04-317. February 4, 2005. Rehearing Denied March 9, 2005. Appeal from the Circuit Court, Hernando County, Curtis J. Neal, J. Gary C. Quilling, Mayo, pro se. Michael G. Stofer and Frank A. Miller of Caglianone, Miller Anthony, P.A., Brooksville, for Appellee. PALMER, J. Gary C. Quilling appeals the trial court's order dismissing his civil complaint against appellee, David Price, for the failure to state a cognizable cause of action. Concluding that Quilling's complaint does state a cause of

  10. Ideal Instruments v. Rivard Instruments

    434 F. Supp. 2d 598 (N.D. Iowa 2006)   Cited 24 times
    Holding statement made to third party that competitor was violating patent laws to be statement of fact

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 506,096 times   709 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 361,663 times   960 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 163,974 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. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 20,580 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  15. Section 843.01 - Resisting, obstructing, or opposing by offering or doing violence to legally authorized person, police canine, or police horse

    Fla. Stat. § 843.01   Cited 400 times   1 Legal Analyses
    Resisting arrest with violence

  16. Section 776.085 - Defense to civil action for damages; party convicted of forcible or attempted forcible felony

    Fla. Stat. § 776.085   Cited 19 times

    (1) It shall be a defense to any action for damages for personal injury or wrongful death, or for injury to property, that such action arose from injury sustained by a participant during the commission or attempted commission of a forcible felony. The defense authorized by this section shall be established by evidence that the participant has been convicted of such forcible felony or attempted forcible felony, or by proof of the commission of such crime or attempted crime by a preponderance of the