Legal Opinion
Middlebrooks v. United States
District Court, D. South Dakota
Decided March 20, 2014No. Civ. No. 13-4033-KESPublishedCited by 14 opinions
1Opinion of the Court
ORDER DENYING DEFENDANT’S MOTION TO DISMISS
KAREN E. SCHREIER, District Judge.
Plaintiff, Stefan Mark Middlebrooks, seeks review of an agency action under the Administrative Procedure Act. Defendant, United States of America, moves the court to dismiss the amended complaint. For the reasons stated below, the court denies the motion to dismiss.
BACKGROUND
The facts, according to the amended complaint, are as follows:
Middlebrooks was born on October 26, 1993. His father, Gary Middlebrooks, is a retired member of the South Dakota Air National Guard. Middlebrooks suffers from a rare genetic condition…
2Cases cited26 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- United States v. MitchellSupreme Court of the United States · 1983
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3Cited by14 opinions
- Wright v. LangdeauDistrict Court, D. South Dakota · 2016
- Temple v. Cleve Her Many HorsesDistrict Court, D. South Dakota · 2016
- Estate of Sauser v. United StatesDistrict Court, D. South Dakota · 2016
- Bergeson v. State of South DakotaDistrict Court, D. South Dakota · 2021
- Caitlin Donahoe W. v. Commissioner of Social Security AdministrationDistrict Court, D. Idaho · 2026
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