Frye v. Town of Akron
District Court, N.D. Indiana
1Opinion of the Court
ORDER
WILLIAM C. LEE, District Judge.
This matter is before the court on motion to dismiss filed by the defendants on December 24, 1990. Plaintiffs responded to the motion on January 11, 1991 and defendants replied to plaintiffs’ response on February 4, 1991.
In deciding a motion to dismiss for failure to state a claim, this court must take the well pleaded factual allegations of the plaintiff’s complaint as true. Ashbrook v. Hoffman, 617 F.2d 474 (7th Cir.1980). The complaint must be considered in the light most favorable to the plaintiff and every doubt must be resolved in the plaintiff’s…
2Cases cited34 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Conley v. GibsonSupreme Court of the United States · 1957
- Graham v. ConnorSupreme Court of the United States · 1989
- City of Canton v. HarrisSupreme Court of the United States · 1989
- Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
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3Cited by18 opinions
- County of Sacramento v. LewisSupreme Court of the United States · 1998
- City of Lancaster v. ChambersTexas Supreme Court · 1994
- Africa v. City of PhiladelphiaCourt of Appeals for the Third Circuit · 1995
- Lewis v. Sacramento CountyCourt of Appeals for the Ninth Circuit · 1996
- County of Los Angeles v. the Superior CourtCalifornia Supreme Court · 1999
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