Legal Opinion
Poole v. County of Otero
Court of Appeals for the Tenth Circuit
Decided September 5, 2001No. 00-2215PublishedCited by 88 opinions
1Opinion of the Court
McKAY, Circuit Judge.
Adam Poole appeals from the district court’s ruling dismissing his civil rights complaint pursuant to Fed. R.Civ. P. 12(b)(6) for failure to state a claim. We have jurisdiction over this appeal by virtue of 28 U.S.C. § 1291, and we review the district court’s dismissal de novo. 1 Morse v. Regents of the Univ. of Colo., 154 F.3d 1124, 1126 (10th Cir.1998). “Dismissal under Rule 12(b)(6) is a harsh remedy which must be cautiously studied, not only to effectuate the spirit of the liberal rules of pleading but also to protect the interests of justice,” id. at 1127, and “is…
2Cases cited18 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Police Dept. of Chicago v. MosleySupreme Court of the United States · 1972
- Cynthia Bloch and Thomas Bloch v. Sheriff L. John RibarCourt of Appeals for the Sixth Circuit · 1998
- State Farm Fire & Casualty Company v. Robert Ray Mhoon, Takura Fujiwara, and Melinda Isabel FujiwaraCourt of Appeals for the Tenth Circuit · 1994
- Dawes v. WalkerCourt of Appeals for the Second Circuit · 2001
13 more not listed; retrieve them via the Exa API.
3Cited by88 opinions
- Reichle v. HowardsSupreme Court of the United States · 2012
- Hartman v. MooreSupreme Court of the United States · 2006
- Powell v. AlexanderCourt of Appeals for the First Circuit · 2004
- Danny M. Bennett v. Dennis Lee HendrixCourt of Appeals for the Eleventh Circuit · 2005
- Wilbur Barnes v. Tony WrightCourt of Appeals for the Sixth Circuit · 2006
83 more not listed; retrieve them via the Exa API.