Legal Opinion

Haverkamp v. Unified School Dist. No. 380

District Court, D. Kansas

Decided January 1, 1986No. Civ. A. 86-2067-SPublishedCited by 14 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on defendants’ motion to dismiss. In considering a motion to dismiss, the factual allegations of the complaint must be taken as true and all reasonable inferences must be indulged in favor of the plaintiff. Mitchell v. King, 537 F.2d 385 (10th Cir.1976); Dewell v. Lawson, 489 F.2d 877 (10th Cir.1974). A complaint should not be dismissed unless it appears beyond a doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct.…

2Cases cited27 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Scheuer v. RhodesSupreme Court of the United States · 1974
  4. Perry v. SindermannSupreme Court of the United States · 1972
  5. Tinker v. Des Moines Independent Community School DistrictSupreme Court of the United States · 1969

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3Cited by14 opinions

  1. Smith v. School District of PhiladelphiaDistrict Court, E.D. Pennsylvania · 2000
  2. Ryan v. California Interscholastic Federation-San Diego SectionCalifornia Court of Appeal · 2001
  3. Nieshe v. Concrete School DistrictCourt of Appeals of Washington · 2005
  4. In re C.M.J.Supreme Court of Kansas · 1996
  5. James Ex Rel. James v. Unified School District No. 512District Court, D. Kansas · 1995

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