Legal Opinion
Davis v. Bayless
Court of Appeals for the Fifth Circuit
Decided November 21, 1995No. 94-20552PublishedCited by 231 opinions
1Opinion of the Court
DeMOSS, Circuit Judge:
Plaintiffs Lana and Lori Davis appeal from rule 12(b)(6) dismissal of their complaint alleging claims for damages under federal and state law and seeking preliminary injunctive relief. Review of rule 12(b)(6) dismissal is de novo and dismissal should not be affirmed unless it appears that plaintiffs can prove no set of facts in support of their claims that would entitle them to relief. Blackburn v. City of Marshall, 42 F.3d 925, 931 (5th Cir.1995). For purposes of review, plaintiffs’ factual allegations must be accepted as true. Id.
RELEVANT FACTS
Defendant Burta Rhodes…
2Cases cited33 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Hudson v. PalmerSupreme Court of the United States · 1984
- Daniels v. WilliamsSupreme Court of the United States · 1986
- Parratt v. TaylorSupreme Court of the United States · 1981
- District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
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3Cited by231 opinions
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- Ruth Bauer v. The State of Texas, the Presiding Judge of Probate Court Number 3 of Harris County, TexasCourt of Appeals for the Fifth Circuit · 2003
- Financial Acquisition Partners LP v. BlackwellCourt of Appeals for the Fifth Circuit · 2006
- Oscar Cruz v. MelecioCourt of Appeals for the First Circuit · 2000
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