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· 3/24/2011

Decotiis v. Whittemore

Citations

  • 635 F.3d 22
  • 31 I.E.R. Cas. (BNA) 1823
  • 2011 U.S. App. LEXIS 5989

How courts have described this case

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

  • directing us to look to Mt. Healthy only if the aforementioned \three parts of the inquiry are resolved in favor of the plaintiff\
  • affirming the district court’s dismissal of the individual defendants on this ground on a motion to dismiss for failure to state a claim
  • “Applying the plausibility standard is ‘a context-specific task that requires the reviewing court to draw on its judicial experience and common sense.’ ” (quoting Iqbal, 556 U.S. at 679, 129 S.Ct. 1937)
  • reversing grant of motion to dismiss where speech and language therapist spoke critically of a school with parents of children, where some contextual factors indicated citizen speech
  • accepting public employer's argument concerning the \risk of disruption and efficiency\ based on its interest in \its ability to effectively communicate with the vulnerable population it serves\
  • upholding dismissal of official-capacity defendant as redundant of the suit against local government agency

Source: CourtListener parenthetical corpus (CC0).

Judges: Torruella, Lipez, Smith

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.