Legal Opinion
Baker v. Elko County
District Court, D. Nevada
Decided August 13, 1993No. CV-N-93-216-ECRPublished
1Opinion of the Court
ORDER
EDWARD C. REED, Jr., District Judge.
Plaintiff in this case alleges that his civil rights were transgressed by reason of an allegedly pretextual search of his residence. The Defendants in this case have filed a Motion to Dismiss (document # 3) asserting that the complaint fails to state any type of actionable civil rights claim upon which relief can be granted.
A court may grant a motion to dismiss for failure to state a claim on which relief can be granted only if “it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to…
2Cases cited6 opinions
- United States v. RobinsonSupreme Court of the United States · 1973
- Scott v. United StatesSupreme Court of the United States · 1978
- United States v. Edward TerryCourt of Appeals for the Ninth Circuit · 1990
- United States v. William Bruce HareCourt of Appeals for the Sixth Circuit · 1979
- Adult Video Association, Doe, Inc., Roe, Inc., Paul Poe v. William Barr, Attorney General of the United StatesCourt of Appeals for the Ninth Circuit · 1992
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