§Why CasetextPricing

Stephens et al v. Fulton County et al

First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support

16 Cited authorities

  1. Will v. Michigan Dept. of State Police

    491 U.S. 58 (1989)   Cited 24,063 times
    Holding that official capacity state officer suits for prospective injunctive relief are suits against a "person" under § 1983 even though a "State" is not a "person" under that statute

  2. Richardson v. Johnson

    598 F.3d 734 (11th Cir. 2010)   Cited 1,048 times
    Holding that the case did not fall within Dean's "limited exception" to the rule against fictitious-party pleading because the description of the Doe defendant was insufficient to enable service

  3. Gilbert v. Richardson

    264 Ga. 744 (Ga. 1994)   Cited 427 times   1 Legal Analyses
    Holding that state sovereign immunity extends to counties

  4. Bost v. Fed. Express Corp.

    372 F.3d 1233 (11th Cir. 2004)   Cited 245 times
    Holding that dismissal of an ADEA complaint, without prejudice, does not allow a later complaint to be filed outside the statute of limitations

  5. Pardazi v. Cullman Medical Center

    896 F.2d 1313 (11th Cir. 1990)   Cited 245 times
    Holding that objections to service of process can be waived if not addressed in the first responsive motion to the complaint

  6. Ga. Dep't of Natural Res. v. Ctr. for a Sustainable Coast, Inc.

    294 Ga. 593 (Ga. 2014)   Cited 105 times
    Holding that sovereign immunity bars a suit against the state when the claim for injunctive relief is brought pursuant to common law and no waiver of immunity is applicable

  7. Stroud v. McIntosh

    722 F.3d 1294 (11th Cir. 2013)   Cited 86 times   1 Legal Analyses
    Holding that a state's removal to federal court waives only the state's immunity-based objection to a federal forum but the state retains its general immunity from liability

  8. Phillips v. U.S.

    260 F.3d 1316 (11th Cir. 2001)   Cited 77 times
    Holding that Georgia's renewal statute does not alter the FTCA's statute of limitations

  9. Miller v. Georgia

    223 F. App'x 842 (11th Cir. 2007)   Cited 46 times
    Holding that Georgia renewal statute could not save Title VII complaint filed beyond 90-day statute of limitations

  10. Toombs County v. O'Neal

    254 Ga. 390 (Ga. 1985)   Cited 55 times
    Holding that sovereign immunity under Georgia constitution "is extended to the counties of the State of Georgia" but that state legislature may waive that immunity by law

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 485,542 times   688 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 344,855 times   920 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 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,251 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  14. Section 2000e-5 - Enforcement provisions

    42 U.S.C. § 2000e-5   Cited 26,837 times   124 Legal Analyses
    Holding charges must be made in writing, under oath, and contain all information as the Commission requires