Legal Opinion
Cescon v. Dove
District Court, E.D. Pennsylvania
Decided June 22, 1992No. Civ. A. No. 92-1979Published
1Opinion of the Court
OPINION
CAHN, District Judge.
This lawsuit seeks to place the Pottsville Police Department, and indeed every police department, on the horns of an intractable dilemma. The defendant, a Pottsville Police Officer, has asked the court to resolve the dilemma by cutting off one of the horns pursuant to Fed.R.Civ.P. 12(b)(6). For the reasons set forth below, the court will do so.
When ruling on a 12(b)(6) Motion, the court
must accept as true all factual allegations in the ... complaint and all reasonable inferences that can be drawn from them. The ... complaint must be construed in the light most…
2Cases cited14 opinions
- Graham v. ConnorSupreme Court of the United States · 1989
- Daniels v. WilliamsSupreme Court of the United States · 1986
- Kehr Packages, Inc. v. Fidelcor, Inc.Court of Appeals for the Third Circuit · 1991
- Norman Braley v. City of Pontiac, Stanley Helgemo, Sergeant Arthur Rouse and Roland Garcia, OfficersCourt of Appeals for the Sixth Circuit · 1990
- James Skip Hulsey v. State of TexasCourt of Appeals for the Fifth Circuit · 1991
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