· 12/7/1999
Spivey v. Robertson
Citations
- 197 F.3d 772
- 1999 U.S. App. LEXIS 32021
- 1999 WL 1115447
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a court is limited to a consideration of the well-pleaded 2 allegations of Plaintiff’s complaint, including any attachments thereto or documents incorporated by reference therein
- stating that a court does not \look beyond the face of the pleadings to determine whether relief should be granted\ under Rule 12(b)(6)
- stating that a DA who manufactures evidence for the police to place in an affidavit for probable cause acts as a complaining witness and is not entitled to prosecutorial immunity
- discussing Kalina, 522 U.S. at 123–31, 118 S. Ct. at 505–10
- On a motion to dismiss, “[t]his court will not look beyond the face of the pleadings ... and will construe all allegations in the light most favorable to the plaintiffs.... ”
- “This court will not look beyond the face of the pleadings to determine whether relief should be granted based on the alleged facts . . .”
Source: CourtListener parenthetical corpus (CC0).
Judges: Garza, Jolly, Demoss
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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