Legal Opinion

Saldivar v. Racine

Court of Appeals for the First Circuit

Decided March 25, 2016No. 15-1448PPublishedCited by 155 opinions

1Opinion of the Court

BARRON, Circuit Judge.. Elba Saldivar appeals the dismissal of her -federal civil rights and state law negligence claims against the City of Fall River, Massachusetts, and Fall River Police Chief Daniel Racine. The District Court dismissed those claims pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. We affirm.

I

The allegations set forth in Saldi-var’s complaint 1 are very disturbing. As we are reviewing a dismissal for failure to state a claim, we accept the complaint’s factual allegations as true and draw all reasonable inferences' from those facts in favor…

2Cases cited26 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  4. Pembaur v. City of CincinnatiSupreme Court of the United States · 1986
  5. Connick v. ThompsonSupreme Court of the United States · 2011

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3Cited by155 opinions

  1. Parker v. LandryCourt of Appeals for the First Circuit · 2019
  2. Douglas v. HirshonCourt of Appeals for the First Circuit · 2023
  3. Penate v. HanchettCourt of Appeals for the First Circuit · 2019
  4. Doe v. Amherst CollegeDistrict Court, D. Massachusetts · 2017
  5. Abdisamad v. City of LewistonCourt of Appeals for the First Circuit · 2020

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