Legal Opinion

Schilling v. Swick

District Court, W.D. Michigan

Decided October 7, 1994No. 1:93-CV-953PublishedCited by 1 opinion

1Opinion of the Court

OPINION

QUIST, District Judge.

Plaintiffs Jeffrey Schilling and his son, Kyle Schilling, initiated this action under 42 U.S.C. § 1983 and pendent state law claims. The state law claims were dismissed on February 4, 1994. Defendants filed a Motion for Summary Judgment (docket no. 34) , and a Motion for Summary Disposition pursuant to Fed.R.Civ.P. 12(b)(6) (docket no. 35) . The Federal Rules of Civil Procedure do not recognize motions for “summary disposition.” Motions to dismiss under Fed.R.Civ.P. 12(b)(6) are to be treated as motions for summary judgment under Fed.R.Civ.P. 56 if the Court…

2Cases cited25 opinions

Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
Miranda v. ArizonaSupreme Court of the United States · 1966
Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978

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3Cited by1 opinion

McNally v. TaborDistrict Court, E.D. Kentucky · 2019