Cobra Acquisitions , LLC v. Municipio De Patillas

How courts have described this case

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

• holding that the Eighth Amendment claim alleged in the complaint was sufficient to withstand a Rule 12(b)(6) motion to dismiss
• holding that the district court erred in dismissing complaint on statute of limitations grounds where, among others, plaintiff relied on recent executions of Alabama inmates to show there had been a substantial change in protocol
• remanding for a hearing to fully consider whether the change in Alabama’s execution protocol constituted a “significant change” which would reset petitioner’s statute of limitations
• ”[T]he district court committed reversible error in dismissing Arthur’s Eighth'Amendment claim without any opportunity for factual development, including discovery between the parties.”
• “Significant deviations from a protocol that protects inmates from cruel and unusual punishment-can violate the Eighth Amendment.”
• “We accept the allegations in the complaint as true and construe them in favor of the plaintiff.”

Source: CourtListener parenthetical corpus (CC0).