Legal Opinion
Anthony v. County of Sacramento, Sheriff's Department
District Court, E.D. California
Decided March 15, 1994No. CIV S-93-1974 LKK/PANPublishedCited by 17 opinions
1Opinion of the Court
ORDER
KARLTON, Chief Judge Emeritus.
On March 7, 1994, the court heard oral argument on defendants’ motion to dismiss. All issues presented by the motion, except the sufficiency of plaintiffs claim under 42 U.S.C. § 1983, were disposed of from the bench. That issue was taken under submission and is disposed of herein.
I
DISMISSAL STANDARDS UNDER FED.R.CIV.P. 12(b)(6)
On a motion to dismiss, the allegations of the complaint must be accepted as true. Cruz v. Beto, 405 U.S. 319, 322, 92 S.Ct. 1079, 1081, 31 L.Ed.2d 263 (1972). The court is bound to give the plaintiff the benefit of every reasonable…
2Cases cited23 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- West v. AtkinsSupreme Court of the United States · 1988
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Hishon v. King & SpaldingSupreme Court of the United States · 1984
- Polk County v. DodsonSupreme Court of the United States · 1981
18 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Wilfredo Martinez, A/K/A Wilfredo Martinez Rodriguez v. Rafael Colon, A/K/A Rafael Colon PizarroCourt of Appeals for the First Circuit · 1995
- Petrosky v. New York State Department of Motor VehiclesDistrict Court, N.D. New York · 1999
- Zito v. Steeplechase Films, Inc.District Court, N.D. California · 2003
- Fairley v. AndrewsDistrict Court, N.D. Illinois · 2004
- Ingalls v. FlorioDistrict Court, D. New Jersey · 1997
12 more not listed; retrieve them via the Exa API.