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Pro Se Tips and Tactics - Motions to Dismiss
1. Rule 12(b)(6) Motions To Dismiss For Failure To State A Claim
In some prison cases filed pro se by prisoners, the defendants will file a "motion to dismiss for failure to state a claim." In cases filed in federal court under 42 U.S.C. §1983, a motion to dismiss for ...
In some prison cases filed pro se by prisoners, the defendants will file a "motion to dismiss for failure to state a claim." In cases filed in federal court under 42 U.S.C. §1983, a motion to dismiss for ...
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More from this issue:
- Critical Resistance: A Step Forward, by Micah Holmquist
- Notes From Other Conference Participants
- Rehabilitation or Corporate Profit
- Them Today, Us Tomorrow
- Ex-Prisoner Sues Over Phony Jail Dentist
- From the Editor, by Paul Wright
- Physical Injury Requirement Inapplicable to First Amendment Claims
- PLRA Termination Provision Unconstitutional in Ninth Circuit
- PLRA Attorney Fee Provision Not Retroactive to Pre-PLRA Services
- New Mexico CCA Disturbance Not Reported for Hours
- Medical Cost-Cutting by Private Care Provider Opens Liability
- SWAT Team Ends Juvenile Center Standoff
- Utah Prison Guard Faces Sodomy Charges
- Updated AIDS Bibliography Published
- Bay Area Students Protest Prison Spending
- Corrupt Cleveland Cops/Guards Sentenced
- Qualified Immunity No Protection for ADA Injunctive Claims
- No Right For Media to Witness Execution
- Legal Services Corporation Restrictions Affirmed, by Paul Wright
- Pro Se Tips and Tactics - Motions to Dismiss, by John Midgley
- No Liberty Interest in Ohio Visiting Rules
- Prison Writing in 20th-Century America (Book Review), by Daniel Burton-Rose
- Guard Awarded $300,000 for ETS Exposure in ADA Suit
- Texas Prisons Not Immune In Tort Claims Act Suits
- Prisoners' Legal Services of NY Victim of Budget Ax, by Dan Pens
- Texas Prisons Subject to Civil Liability
- Discipline for Possessing Legal Papers Vacated
- No Interlocutory Appeal of Disputed Facts
- Blanket Jail Strip Search Policy Unconstitutional
- Untimely Jury Demand Must be Fairly Considered
- Segregated Prisoners Retain Religious Congregation Rights
- Seventh Circuit Split on Self-Defense in Prison
- Denial of Social Security Benefits to Prisoners Upheld
- Rule 12(b) Dismissal Requires Inability to Prove Claim
- Deportation Moots Federal Habeas Appeal
- Preliminary Injunction Granted in Kosher Diet Claim
- Court Responsible for Prisoner Access to Teleconference
- News in Brief
- RFRA Still Applies to Federal Government
- Movant Bears Summary Judgment Burden
- Consent Decree Termination Requires Fact Finding
- Bureau of Prisons Transsexual Policy Challenged
More from John Midgley:
- Pro Se Tips and Tactics, June 15, 2004
- Pro Se Tips and Tactics: Magistrate Judges in Federal Courts, Nov. 15, 2003
- Pro Se Tips and Tactics: Damages, Aug. 15, 2003
- Pro Se Tips and Tactics, April 15, 2003
- Pro Se Tips and Tactics, Dec. 15, 2002
- Pro Se Tips and Tactics: Unknown Defendant Identities, July 15, 2002
- Pro Se Tips and Tactics, Feb. 15, 2002
- Pro Se Tips and Tactics, June 15, 2001
- Pro Se Tips and Tactics, Dec. 15, 2000
- Pro Se Tips and Tactics, Sept. 15, 2000
More from these topics:
- Regional Jail in Kentucky Settles DOJ Complaint, Agrees to Provide Treatment for Opioid Use Disorder, Sept. 15, 2024. Complaints, Drug Treatment/Rehab, Drug Testing/Treatment Programs.
- Fourth Circuit: South Carolina Prisoner’s Bivens Claim Must Detail Unconstitutional Acts of Each Defendant, April 26, 2024. Complaints, Civil Rights Actions or Offenses/Bivens Actions, Dismissal.
- Seventh Circuit Reinstates Wisconsin Prisoner’s ADA Claim for Untreated Knee Injury, March 1, 2024. Failure to Treat, Bedding, Complaints, Americans with Disabilities Act, Sufficiency of Pleadings, Deliberate Indifference.
- Eleventh Circuit Says Florida Prisoner’s Dismissed Complaint Doesn’t Count as a “Strike”, Dec. 1, 2023. Complaints, Dismissal, Prison Litigation Reform Act (PLRA), Three Strike Litigants.
- ‘Disconnect’ Between Illinois Prisoner’s Grievance and Complaint Results In Failure to Exhaust, Feb. 1, 2022. Complaints, Administrative Exhaustion, Grievances.
- File a CFPB Complaint for Unfair Money Transfer Fees, Oct. 1, 2021. JPay, Inc., Complaints, Seizure of Prisoner Funds, PLN Litigation.
- Dismissal Not Authorized for Oregon Victim’s Refusal to Comply With Subpoena, Oct. 4, 2020. Civil Procedure, Subpoenas, Fair Trial.
- Sixth Circuit Holds Ohio Rule Requiring Merit Affidavit Inapplicable in BOP Prisoner’s Tort Action, April 1, 2020. Systemic Medical Neglect, Complaints, Federal Tort Claims Act.
- First Circuit Announces No Joint Participation Exception to Spousal Testimonial Privilege, Feb. 14, 2019. Civil Procedure, Marriage.
- Magistrate Judge Must Have Jurisdiction Prior to Entering Final Judgment, Nov. 6, 2018. Civil Procedure, Appeals.