Legal Opinion
Smith v. Ozmint
District Court, D. South Carolina
Decided October 24, 2005No. C.A. 2:05-1155-PMDPublishedCited by 9 opinions
1Opinion of the Court
ORDER
DUFFY, District Judge.
This matter is before the court upon Defendants’ Motion to Dismiss pursuant to Fed.R.Civ.P. 12(b)(6). In order to grant this motion, the court must take the allegations in the complaint as true and conclude that Plaintiff, as the non-moving party, can prove no set of facts in support of her claim that would entitle her to relief. Burbach Broadcasting Co. v. Elkins Radio Corp., 278 F.3d 401, 405-06 (4th Cir.2002); Bruce v. Riddle, 631 F.2d 272, 273-74 (4th Cir.1980). If matters outside the pleading are presented to and not excluded by the court, the motion shall be…
2Cases cited17 opinions
- Heck v. HumphreySupreme Court of the United States · 1994
- Kentucky v. GrahamSupreme Court of the United States · 1985
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Quern v. JordanSupreme Court of the United States · 1979
- Hans v. LouisianaSupreme Court of the United States · 1890
12 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Estate of Mims v. S.C. Dep't of Disabilities & Special NeedsCourt of Appeals of South Carolina · 2017
- Beaufort, Sr. v. ThompsonDistrict Court, D. South Carolina · 2021
- Coats v. PopeDistrict Court, D. South Carolina · 2019
- Heather Disher v. Town of Kingstree; Kipp Coker, in his individual and official capacities; Williamsburg County Sheriff’s Office; Kimberly Marlow, in her individual and official capacities; Archie Kennedy, in his official and individual capacities; Stephen Gardner, in his official and individual capacities; and Merianne CowleyDistrict Court, D. South Carolina · 2026
- Leake v. FaisonDistrict Court, D. South Carolina · 2024
4 more not listed; retrieve them via the Exa API.