Legal Opinion

Conkey v. Reno

District Court, D. Nevada

Decided May 4, 1995No. CV-N-94-14-ECRPublishedCited by 4 opinions

1Opinion of the Court

ORDER

EDWARD C. REED, Jr., District Judge.

The federal officials/defendants, all represented by the United States Attorney, move the Court (Doc. #54) to dismiss plaintiffs’ second amended complaint. Although not specifically stated, the basis for the motion to dismiss is for lack of jurisdiction, failure to state a claim and qualified immunity. Plaintiffs oppose the motion to dismiss (Doc. # 58) and defendants reply (Doe. #61).

STANDARDS FOR GRANTING MOTION TO DISMISS

A. Rule 12(b)(6) Failure to State a Claim

A court may grant a motion to dismiss for failure to state a claim on which relief can be…

2Cases cited36 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Mathews v. EldridgeSupreme Court of the United States · 1976
  3. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  4. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  5. Daniels v. WilliamsSupreme Court of the United States · 1986

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3Cited by4 opinions

  1. Conservation Force v. SalazarDistrict Court, N.D. California · 2009
  2. Impress Communications v. Unumprovident Corp.District Court, C.D. California · 2003
  3. Holliman v. United StatesDistrict Court, D. Arizona · 1998
  4. Neal v. State of Oregon Sheriff's OfficeDistrict Court, D. Oregon · 2021

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