Gay v. Wall

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 non-moving party has the right to file counter affidavits or pursue reasonable discovery
• explaining that the notice requirement for converting a motion to dismiss is satisfied “[w]hen a party is aware that material outside the pleadings is before the court”
• explaining that the notice requirement for converting a motion to dismiss is satisfied “[w]hen a party is aware that material outside the pleadings is before the court”
• plaintiff stated claim when he al- leged that defendants continued to hold him despite “actual knowledge” that he was the wrong person
• “The defendants’ motion was simply a motion to dismiss, not a motion to dismiss or, in the alternative, a motion for summary judgment.”
• “Because Gay was not afforded an opportunity for reasonable discovery, the district court’s treatment of the motion to dismiss as a motion for summary judgment was an abuse of discretion.”

Source: CourtListener parenthetical corpus (CC0).