Skip navigation
Prison Legal News
× You've used up your 3 free articles for this month. Subscribe today.

Rule 12(b) Dismissal Requires Inability to Prove Claim

Loaded on Dec. 15, 1998 published in Prison Legal News December, 1998, page 22
Filed under: Medical, Dental Care, Summary Judgment. Location: Connecticut.
The Second Circuit has held that a civil rights claim may only be dismissed under Federal Rules of Civil Procedure 12(b)(6) for failure to state a claim if it is beyond doubt that the plaintiff can prove no set of facts which entitle him to relief. A Rule 12(b)(6) dismissal …

 

Full article and associated cases available to subscribers.

As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.

Subscribe today

Already a subscriber? Login

More from this issue:

  1. Critical Resistance: A Step Forward, by Micah Holmquist
  2. Notes From Other Conference Participants
  3. Rehabilitation or Corporate Profit
  4. Them Today, Us Tomorrow
  5. Ex-Prisoner Sues Over Phony Jail Dentist
  6. From the Editor, by Paul Wright
  7. Physical Injury Requirement Inapplicable to First Amendment Claims
  8. PLRA Termination Provision Unconstitutional in Ninth Circuit
  9. PLRA Attorney Fee Provision Not Retroactive to Pre-PLRA Services
  10. New Mexico CCA Disturbance Not Reported for Hours
  11. Medical Cost-Cutting by Private Care Provider Opens Liability
  12. SWAT Team Ends Juvenile Center Standoff
  13. Utah Prison Guard Faces Sodomy Charges
  14. Updated AIDS Bibliography Published
  15. Bay Area Students Protest Prison Spending
  16. Corrupt Cleveland Cops/Guards Sentenced
  17. Qualified Immunity No Protection for ADA Injunctive Claims
  18. No Right For Media to Witness Execution
  19. Legal Services Corporation Restrictions Affirmed, by Paul Wright
  20. Pro Se Tips and Tactics - Motions to Dismiss, by John Midgley
  21. No Liberty Interest in Ohio Visiting Rules
  22. Prison Writing in 20th-Century America (Book Review), by Daniel Burton-Rose
  23. Guard Awarded $300,000 for ETS Exposure in ADA Suit
  24. Texas Prisons Not Immune In Tort Claims Act Suits
  25. Prisoners' Legal Services of NY Victim of Budget Ax, by Dan Pens
  26. Texas Prisons Subject to Civil Liability
  27. Discipline for Possessing Legal Papers Vacated
  28. No Interlocutory Appeal of Disputed Facts
  29. Blanket Jail Strip Search Policy Unconstitutional
  30. Untimely Jury Demand Must be Fairly Considered
  31. Segregated Prisoners Retain Religious Congregation Rights
  32. Seventh Circuit Split on Self-Defense in Prison
  33. Denial of Social Security Benefits to Prisoners Upheld
  34. Rule 12(b) Dismissal Requires Inability to Prove Claim
  35. Deportation Moots Federal Habeas Appeal
  36. Preliminary Injunction Granted in Kosher Diet Claim
  37. Court Responsible for Prisoner Access to Teleconference
  38. News in Brief
  39. RFRA Still Applies to Federal Government
  40. Movant Bears Summary Judgment Burden
  41. Consent Decree Termination Requires Fact Finding
  42. Bureau of Prisons Transsexual Policy Challenged

More from these topics: