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Rule 12(b) Dismissal Requires Inability to Prove Claim
Loaded on Dec. 15, 1998
published in Prison Legal News
December, 1998, page 22
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 …
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- 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
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- 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
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