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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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