Legal Opinion
Sturts v. City of Philadelphia
District Court, E.D. Pennsylvania
Decided January 6, 1982No. Civ. A. 81-1022PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM
BECHTLE, District Judge.
On October 5, 1981, the Court entered an Order granting in part and denying in part defendants’ motion to dismiss in this civil rights action brought under 42 U.S.C. § 1983 by a former prison inmate. The following Memorandum is entered in support of that Order.
A motion to dismiss under Fed.R.Civ.P. 12(b)(6) should be granted only where it appears 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, 78 S.Ct. 99, 101, 2 L.Ed.2d 80 (1957). All well-pleaded material allegations…
2Cases cited36 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
- Estelle v. GambleSupreme Court of the United States · 1976
- Haines v. KernerSupreme Court of the United States · 1972
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
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3Cited by3 opinions
- Ochoa v. Superior CourtCalifornia Supreme Court · 1985
- Hynson v. City of ChesterDistrict Court, E.D. Pennsylvania · 1988
- Ochoa v. Superior CourtCalifornia Supreme Court · 1985