Legal Opinion
Achterhof v. Selvaggio
Court of Appeals for the Sixth Circuit
Decided October 6, 1989No. 88-2213PublishedCited by 46 opinions
1Opinion of the Court
BOYCE F. MARTIN, Jr., Circuit Judge.
James and Grace Achterhof appeal the dismissal of their section 1983 action for state interference with the family relationship in violation of their rights to due process, equal protection and freedom of association. The district court dismissed the action under Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted. For the reasons stated below, we reverse.
When considering a motion to dismiss under Rule 12(b)(6), we accept as true the factual allegations in the complaint. Nishiyama v. Dickson County, Tennessee, 814 F.2d 277,…
2Cases cited33 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Anderson v. CreightonSupreme Court of the United States · 1987
- Imbler v. PachtmanSupreme Court of the United States · 1976
28 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Pittman v. Cuyahoga County Department of Children & Family ServicesCourt of Appeals for the Sixth Circuit · 2011
- Sammye R. Holloway v. Sally Brush Clermont County, OhioCourt of Appeals for the Sixth Circuit · 2000
- Snell v. TunnellCourt of Appeals for the Tenth Circuit · 1990
- Sylvia Ernst, in No. 93-1929 v. Child and Youth Services of Chester County Carol Schravazande Arden Olson Wayne Stevenson Rita Borzillo the Judiciary of the Commonwealth of Pennsylvania Sylvia Ernst, Administrator of the Estate of Susanne Ernst, for Susanne Ernst. (Amended as Per the Court's 5/31/96 Order). Sylvia Ernst v. Child and Youth Services of Chester County Carol Schravazande Arden Olson, Wayne Stevenson Rita Borzillo the Judiciary of the Commonwealth of Pennsylvania Sylvia Ernst, Administrator of the Estate of Susanne Ernst, for Susanne Ernst. Rita K. Borzillo, in No. 93-1930. (Amended as Per the Court's 5/31/96 Order). Sylvia Ernst v. Child and Youth Services of Chester County Carol Shravazande Arden Olson, Wayne Stevenson Rita Borzillo the Judiciary of the Commonwealth of Pennsylvania Sylvia Ernst, Administrator of the Estate of Susanne Ernst, for Susanne Ernst. Rita K. Borzillo, Esq., (Amended as Per the Court's 5/31/96 Order)Court of Appeals for the Third Circuit · 1997
- Snell v. TunnellCourt of Appeals for the Tenth Circuit · 1990
41 more not listed; retrieve them via the Exa API.