§Why CasetextPricing

Turner v. Owens et al

REPLY to Response to Motion re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION for More Definite Statement MOTION to Strike

30 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,074 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 273,524 times   368 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. Brosseau v. Haugen

    543 U.S. 194 (2004)   Cited 3,569 times   4 Legal Analyses
    Holding a vehicle was a threat when it was driven in a manner indicating a willful disregard for the lives of others

  4. American Dental Assoc. v. Cigna Corp.

    605 F.3d 1283 (11th Cir. 2010)   Cited 1,603 times
    Holding that the district court properly dismissed plaintiffs' § 1962(c) claims because plaintiffs had not sufficiently pled the acts of mail and wire fraud alleged to form a pattern of racketeering activity

  5. Lee v. Ferraro

    284 F.3d 1188 (11th Cir. 2002)   Cited 2,141 times
    Holding that an officer's use of force after the plaintiff was "arrested, handcuffed, and completely secure, and after any danger to the arresting officer as well as any risk of flight had passed" was excessive

  6. Cottone v. Jenne

    326 F.3d 1352 (11th Cir. 2003)   Cited 1,830 times
    Holding that the plaintiffs could not state a claim against the supervisors for failing to train or supervise officers because there were no allegations that the defendants knew about the officers' unconstitutional conduct so they were not on notice of the need to correct or stop it

  7. Marsh v. Butler County

    268 F.3d 1014 (11th Cir. 2001)   Cited 1,555 times
    Holding that a supervisory official "can have no respondeat superior liability for a section 1983 claim."

  8. Horsley v. Feldt

    304 F.3d 1125 (11th Cir. 2002)   Cited 1,266 times
    Holding that the doctrine of "incorporation by reference" applies to motions under Rule 12(c) just as it applies to motions under Rule 12(b) because, if it were otherwise, "the conversion clause of [Rule 12(d) ] would be too easily circumvented and disputed documents attached to an answer would have to be taken as true at the pleadings stage"

  9. Hale v. Tallapoosa County

    50 F.3d 1579 (11th Cir. 1995)   Cited 1,462 times
    Holding the plaintiff demonstrated a question of fact by producing evidence that severe violence between inmates occurred regularly when the jail was overcrowded

  10. Chudasama v. Mazda Motor Corp.

    123 F.3d 1353 (11th Cir. 1997)   Cited 1,222 times
    Holding that a motion to dismiss challenging the legal sufficiency of a claim should be resolved before discovery begins

  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 354,142 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 160,254 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 608 - A Witness's Character for Truthfulness or Untruthfulness

    Fed. R. Evid. 608   Cited 3,049 times   16 Legal Analyses
    Assuming it was otherwise admissible