Thomas v. City of Galveston, Texas

How courts have described this case

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

• granting defendants’ motion to dismiss where plaintiff made “generic, boilerplate recitations of the elements of claims against a municipality for an unconstitutional custom or practice”
• requiring only “minimal factual allegations” in context of municipal liability claim in light of challenge in obtaining “specific details regarding the existence of absence of internal policies or training procedures prior to discovery”
• “[I]t is axiomatic that the complaint may not be amended by the briefs in opposition to a motion to dismiss.” (quotation omitted)
• “The Fifth Circuit has held that it is appropriate to dismiss claims against officers in their official capacities when the allegations duplicate claims against the respective governmental entities themselves.”
• the plaintiff's “lengthy” allegations did not satisfy this pleading standard because they “consist[ed] only of a list of number of broadly-defined constitutional violations (for example, ‘excessive force’ and ‘unlawful searches and seizures’
• “[O]nly minimal factual allegations should be required at the motion to dismiss stage.”

Source: CourtListener parenthetical corpus (CC0).