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Fourth Circuit· 1/25/2013

Aaron Tobey v. Terri Jones

Citations

  • 706 F.3d 379

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting a Court should not consider the merits of a claim when deciding a motion to dismiss
  • “Viewing all facts as alleged by Mr. Tobey as true, which is the posture we must take when reviewing a 12(b)(6
  • stating a motion to dismiss under Rule 12(b)(6) “does not resolve contests surrounding the facts, the merits of a claim or the applicability of defenses”
  • finding “no authority for [the] argument that government action that is reasonable within the meaning of the Fourth Amendment is necessarily therefore reasonable for purposes of First Amendment analysis”
  • examining causal connection for First Amendment retaliation claim

Source: CourtListener parenthetical corpus (CC0).

Judges: Wilkinson, Gregory, Duncan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.