§Why CasetextPricing

Shedrick v. Prince George's Community College et al

MOTION to Dismiss for Failure to State a Claim and Lack of Subject Matter Jurisdiction

31 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. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,716 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. Coleman v. Court of Appeals of Maryland

    566 U.S. 30 (2012)   Cited 1,328 times   4 Legal Analyses
    Holding that there was an insufficient nexus "between self-care leave and gender discrimination by state employers" to validly abrogate state sovereign immunity

  4. Francis v. Giacomelli

    588 F.3d 186 (4th Cir. 2009)   Cited 4,030 times
    Holding that the defendant was entitled to qualified immunity since "his actions were not clearly unlawful when performed"

  5. Philips v. Pitt Cty. Memorial Hosp

    572 F.3d 176 (4th Cir. 2009)   Cited 3,886 times   1 Legal Analyses
    Holding that courts “may properly take judicial notice of matters of public record”

  6. Giarratano v. Johnson

    521 F.3d 298 (4th Cir. 2008)   Cited 2,981 times
    Holding a court need not accept as true a complaint's legal conclusions, "unwarranted inferences, unreasonable conclusions, or arguments."

  7. Coleman v. Md. Court of Appeals

    626 F.3d 187 (4th Cir. 2010)   Cited 2,359 times   3 Legal Analyses
    Holding that an African-American plaintiff's statement that he "was treated differently as a result of his race than whites" was too conclusory to state a claim of discrimination in the employment context

  8. Presley v. City of Charlottesvile

    464 F.3d 480 (4th Cir. 2006)   Cited 2,044 times
    Holding that a pre-deprivation opportunity to be heard is typically required, unless there is a need for quick action by the State or pre-deprivation proceedings are impractical

  9. Bass v. E.I. Dupont de Nemours & Co.

    324 F.3d 761 (4th Cir. 2003)   Cited 2,348 times   1 Legal Analyses
    Holding that conclusory allegations that the employer discriminated against the plaintiff "because of her race and sex" were not sufficient to allege a claim when the facts of the complaint did not support the conclusory allegation

  10. Jacobs v. N.C. Admin. Office of the Courts

    780 F.3d 562 (4th Cir. 2015)   Cited 975 times   7 Legal Analyses
    Holding McDonnell Douglas applies to disability discrimination claims

  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 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

  12. 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. . . ."

  13. Section 2000e-5 - Enforcement provisions

    42 U.S.C. § 2000e-5   Cited 27,339 times   124 Legal Analyses
    Holding charges must be made in writing, under oath, and contain all information as the Commission requires

  14. Section 14.03.01.14 - Private Right of Action

    Md. Code Regs. 14.03.01.14

    A. Right to Private Right of Action. Pursuant to State Government Article, § 20-1013, Annotated Code of Maryland, a complainant may file a private right of action against the respondent in the circuit court of Baltimore City or the county where the alleged discriminatory act occurred. B. A complainant may file a private right of action if: (1) The complainant initially filed a timely administrative charge or complaint under federal, State, or local law alleging a discriminatory act by the respondent;