§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 257,305 times   280 Legal Analyses
    Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 270,937 times   367 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Brosseau v. Haugen

    543 U.S. 194 (2004)   Cited 3,541 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 1,592 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 2,127 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 1,819 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 1,548 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 1,258 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 1,448 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 1,207 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 351,086 times   937 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 158,801 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 3,037 times   16 Legal Analyses
    Assuming it was otherwise admissible