Legal Opinion
McWaters v. Rick
District Court, E.D. Virginia
Decided April 4, 2002No. 3:01-CV726PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM OPINION
PAYNE, District Judge.
Pursuant to Fed.R.Civ.P. 12(b)(6), the defendants have filed a Motion to Dismiss the Complaint that initiated this action on the ground that it fails to state a claim upon which relief can be granted. The defendants also raise the affirmative defense of qualified immunity in their Motion to Dismiss. For the reasons set forth below, the Motion to Dismiss is denied.
STATEMENT OF FACTS
The facts, as alleged in the Complaint, are set forth below. As required when considering motions pursuant to Rule 12(b)(6), the alleged facts are presumed to be true.
Paulette…
2Cases cited77 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Anderson v. CreightonSupreme Court of the United States · 1987
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
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3Cited by6 opinions
- Toomer v. GarrettCourt of Appeals of North Carolina · 2002
- Hyatt v. Town of Lake LureDistrict Court, W.D. North Carolina · 2002
- Jennings v. UNIVERSITY OF N. CAR AT CHAPEL HILLDistrict Court, M.D. North Carolina · 2002
- Jennings v. University of North Carolina at Chapel HillDistrict Court, M.D. North Carolina · 2002
- Van De Yacht v. the City of WausauDistrict Court, W.D. Wisconsin · 2009
1 more not listed; retrieve them via the Exa API.