§Why CasetextPricing

Son v. City of Philadelphia et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

12 Cited authorities

  1. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 65,199 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

  2. Estelle v. Gamble

    429 U.S. 97 (1976)   Cited 56,885 times   8 Legal Analyses
    Holding that the government has an obligation to provide medical care to incarcerated persons

  3. Haines v. Kerner

    404 U.S. 519 (1972)   Cited 60,668 times
    Holding pro se submissions "to less stringent standards than formal pleadings drafted by lawyers"

  4. Morse v. Lower Merion School District

    132 F.3d 902 (3d Cir. 1997)   Cited 6,357 times   2 Legal Analyses
    Holding that because "the notion of deliberate indifference contemplates a danger that must at least be foreseeable," defendant cannot be said to have ignored a foreseeable risk or danger if plaintiff has not shown the existence of such a risk

  5. Mayer v. Belichick

    605 F.3d 223 (3d Cir. 2010)   Cited 2,531 times   1 Legal Analyses
    Holding we must only consider documents if complainant's claims are based upon these documents

  6. U.S. v. Day

    969 F.2d 39 (3d Cir. 1992)   Cited 2,135 times
    Holding so and collecting numerous court of appeals cases holding similarly

  7. Rhett v. New Jersey

    260 F. App'x 513 (3d Cir. 2008)   Cited 161 times
    Upholding court's decision to dismiss claims with prejudice because plaintiff had already failed to comply with Rule 8 in his first three complaints, and "granting [] leave to file a third amended complaint would have been futile"

  8. Guy v. Swift Co.

    612 F.2d 383 (8th Cir. 1980)   Cited 40 times

    No. 79-1397. Submitted January 2, 1980. Decided January 8, 1980. John A. Guy, pro se, filed brief. William T. Oakes, Kennedy, Holland, DeLacy Svoboda, Omaha, Neb., filed brief, for appellee. Appeal from the United States District Court for the District of Nebraska. Before HEANEY, ROSS and McMILLIAN, Circuit Judges. PER CURIAM. John A. Guy appeals from the district court order dismissing his complaint. Adopting the findings of fact and conclusions of law filed by the magistrate to whom the case had

  9. King v. Cuyler

    541 F. Supp. 1230 (E.D. Pa. 1982)   Cited 13 times

    Civ. A. No. 78-2458. June 18, 1982. Georgeanne Daher Terrill, Stradley, Ronon, Stevens Young, Philadelphia, Pa., for plaintiff. Stephanie L. Vaughn, Deputy Atty. Gen., Philadelphia, Pa., for defendants. MEMORANDUM GILES, District Judge. Plaintiff, Daniel King, an inmate at the State Correctional Institute at Graterford ("Graterford") brought this action for compensatory damages and declaratory relief pursuant to 42 U.S.C. § 1983 (Supp. IV 1980), and 28 U.S.C. § 2201 (Supp. IV 1980) claiming that

  10. 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 361,353 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

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,831 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 5524 - Two year limitation

    42 Pa. C.S. § 5524   Cited 2,294 times   2 Legal Analyses
    Setting a two-year limitations period