Fifth Circuit· 1/7/2000

Shipp v. McMahon

Citations

199 F.3d 256
45 Fed. R. Serv. 3d 997
2000 U.S. App. LEXIS 148
2000 WL 589

How courts have described this case

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

“[T]he face of plaintiff’s pleadings must articulate a clearly established right at the time of the alleged violation.”
“[T]he right is clearly established if based on pre- existing law, the unlawfulness of the conduct in question is apparent.”
dismissal for failure to state a claim is improper “unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief”
“This strict standard of review under 12(b)(6) has been summarized as follows: ‘The question therefore is whether in the light most favorable to the plaintiff and with every doubt resolved in his behalf, the complaint states any valid claim for relief.’”
“This strict standard of review under 12(b)(6
discussing the clearly established prong

Source: CourtListener parenthetical corpus (CC0).

Judges: Little, Politz, Stewart

Read full opinion on CourtListener

Cited by

29 cases in this archive cite this case; the 20 most cited are listed.

Cites

18 cases in this archive are cited by this case.

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