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· 8/7/2007

Martinez-Rivera v. Sanchez Ramos

Citations

  • 498 F.3d 3
  • 2007 U.S. App. LEXIS 18692
  • 2007 WL 2254586

How courts have described this case

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

  • affirming a lower court’s dismissal of claims arising under the Fifth Amendment against defendants who were not alleged to be federal government actors
  • affirming dismissal of Fifth Amendment claims because police officers are state actors and not federal actors
  • describing the limited circumstances in which sua sponte dismissals under Rule 12(b)(6) are appropriate
  • “[O]nce those identities are revealed, the plaintiff should act promptly to amend the complaint to substitute the correct parties and to dismiss any baseless claims.”
  • “The Fifth Amendment Due Process Clause, however, applies ‘only to actions of the federal government . . . .’”
  • “The Fifth Amendment Due Process Clause, however, applies ‘only to actions of the federal government—not to those of state or local governments.’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Boudin, Howard, Saylor

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.