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Russo v. Golding et al

MEMORANDUM OF LAW in Support re: 23 MOTION to Dismiss Plaintiff's Complaint. CORRECTED MEMORANDUM OF LAW. Document

12 Cited authorities

  1. Heck v. Humphrey

    512 U.S. 477 (1994)   Cited 29,826 times   25 Legal Analyses
    Holding that a Section 1983 plaintiff may not seek damages for an allegedly unconstitutional conviction or sentence unless the conviction or sentence has been invalidated

  2. Weyant v. Okst

    101 F.3d 845 (2d Cir. 1996)   Cited 2,686 times
    Holding a plaintiff must establish "something more than mere negligence" to establish deliberate indifference under the Fourteenth Amendment

  3. Jocks v. Tavernier

    316 F.3d 128 (2d Cir. 2003)   Cited 849 times
    Holding that an arresting officer may not "deliberately disregard" the existence of facts establishing an affirmative defense

  4. Hardy v. New York City Health Hosp. Corp.

    164 F.3d 789 (2d Cir. 1999)   Cited 488 times
    Holding that questions of statutory interpretation are reviewed de novo

  5. Baker v. Dorfman

    239 F.3d 415 (2d Cir. 2000)   Cited 281 times
    Holding that an argument not raised below is ordinarily waived

  6. Mozzochi v. Borden

    959 F.2d 1174 (2d Cir. 1992)   Cited 188 times
    Holding that there was no First Amendment violation where arrest and prosecution were supported by probable cause

  7. Duamutef v. Morris

    956 F. Supp. 1112 (S.D.N.Y. 1997)   Cited 96 times
    Holding that the "plaintiff's § 1983 false arrest claim calls into question the validity of his criminal conviction" and was barred by Heck

  8. Channer v. Mitchell

    43 F.3d 786 (2d Cir. 1994)   Cited 71 times
    Holding that a § 1983 claim "stemming from conditions of confinement that allegedly violate the Eighth Amendment" are not per se barred by Heck

  9. Labensky v. County of Nassau

    6 F. Supp. 2d 161 (E.D.N.Y. 1998)   Cited 24 times
    Holding plaintiff having failed to prove a violation of her constitutional rights, there can be no municipal liability

  10. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 496,982 times   701 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  11. 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 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."