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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
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Cited Authorities
Cited Authorities
12
12
Cited authorities
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
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
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
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
Baker v. Dorfman
239 F.3d 415 (2d Cir. 2000)
Cited 281 times
Holding that an argument not raised below is ordinarily waived
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
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
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
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
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
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
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. . . ."
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