Legal Opinion
ATER v. ATER
District Court, D. Maine
Decided May 7, 2020No. 2:19-cv-00568Unknown
1Opinion
UNITED STATES DISTRICT COURT DISTRICT OF MAINE MELISSA ATER, individually ) and on behalf of minor child, A.A., ) ) Plaintiff ) ) v. ) No. 2:19-cv-00568-JDL ) BATH POLICE DEPARTMENT, et al., ) ) Defendants ) RECOMMENDED DECISION ON MOTION TO DISMISS Defendant Maine Pretrial Services (“MPS”) moves pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss the sole claim against it in this action, for negligence, on the basis that plaintiff Melissa Ater fails to make out a plausible claim that MPS owed her a duty of care by virtue of either a special relationship or MPS’s creation of the…
2Cases cited9 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Ocasio-Hernandez v. Fortuno-BursetCourt of Appeals for the First Circuit · 2011
- Alternative Energy, Inc. v. St. Paul Fire & Marine InsuranceCourt of Appeals for the First Circuit · 2001
- Clorox Co. Puerto Rico v. Proctor & Gamble Commercial Co.Court of Appeals for the First Circuit · 2000
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