Legal Opinion
Moya v. Schollenbarger
Court of Appeals for the Tenth Circuit
Decided September 26, 2006No. 04-2319PublishedCited by 71 opinions
1Opinion of the Court
EBEL, Circuit Judge.
The district court ordered dismissal of George Moya’s civil rights claim “without prejudice.” We conclude that the order was nonetheless a final decision such that our jurisdiction is proper. And although the district court mistakenly applied a heightened pleading standard in evaluating the propriety of dismissal, we affirm because we conclude that the dismissal would also be proper under the correct standard.
I. BACKGROUND
A. Complaint and Amended Complaint
On February 17, 2004, Mr. Moya filed the present civil rights claim pursuant to 42 U.S.C. § 1983 against three…
2Cases cited44 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
- Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983
39 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- Smith v. United StatesCourt of Appeals for the Tenth Circuit · 2009
- Shero v. City of Grove, Okl.Court of Appeals for the Tenth Circuit · 2007
- Forest Guardians v. ForsgrenCourt of Appeals for the Tenth Circuit · 2007
- Archuleta v. WagnerCourt of Appeals for the Tenth Circuit · 2008
- Robertson v. Las Animas County Sheriff's DepartmentCourt of Appeals for the Tenth Circuit · 2007
66 more not listed; retrieve them via the Exa API.