Legal Opinion
Yates v. Cunningham
District Court, D. New Hampshire
Decided April 23, 1999No. CIV. 98-046-BPublishedCited by 5 opinions
1Opinion of the Court
ORDER
BARBADORO, Chief Judge.
William Yates brings this civil rights action for injunctive and declaratory relief, as well as monetary damages, under 42 U.S.C. § 1983. The defendants, the warden and two counselors at the New Hampshire State Prison, have moved to dismiss Yates’ complaint pursuant to Fed.R.Civ.P. 12(b)(6). For the reasons set forth below, I grant defendants’ motion.
I. STANDARD
In reviewing a motion to dismiss based on Fed.R.Civ.P. 12(b)(6), I must accept all well-pleaded facts as true and construe all reasonable allegations in the light most favorable to the plaintiff. See…
2Cases cited16 opinions
- Imbler v. PachtmanSupreme Court of the United States · 1976
- Arizonans for Official English v. ArizonaSupreme Court of the United States · 1997
- Briscoe v. LaHueSupreme Court of the United States · 1983
- Cleavinger v. SaxnerSupreme Court of the United States · 1985
- The Dartmouth Review, on Behalf of Its Officers, Staff and Subscribers v. Dartmouth CollegeCourt of Appeals for the First Circuit · 1989
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3Cited by5 opinions
- DeStefano v. Emergency Housing Group, Inc.Court of Appeals for the Second Circuit · 2001
- Bader v. WrenDistrict Court, D. New Hampshire · 2008
- Williams v. ConsovoyDistrict Court, D. New Jersey · 2004
- Bader v. WrenDistrict Court, D. New Hampshire · 2008
- Joseph M. Destefano v. Emergency Housing Group, Inc.Court of Appeals for the Second Circuit · 2001