Sloan Pleasants v. Town of Louisa , 524 F. App'x 891 ( 2013 )


Menu:
  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 12-1496
    SLOAN PLEASANTS,
    Plaintiff – Appellant,
    v.
    TOWN OF LOUISA; ROBERT RIGSBY, sued in his individual capacity,
    Defendants – Appellees.
    Appeal from the United States District Court for the Western
    District of Virginia, at Charlottesville.      Norman K. Moon,
    Senior District Judge. (3:11-cv-00032-NKM-BWC)
    Argued:   March 22, 2013                     Decided:   May 7, 2013
    Before SHEDD, and FLOYD, Circuit Judges, and Joseph R. GOODWIN,
    District Judge for the Southern District of West Virginia,
    sitting by designation.
    Affirmed in part, reversed in part, and remanded by unpublished
    opinion. Judge Shedd wrote the opinion in which Judge Floyd and
    Judge Goodwin joined.
    ARGUED:   Jeffrey   Edward  Fogel,   Steven  David   Rosenfield,
    Charlottesville, Virginia, for Appellant. Maurice Scott Fisher,
    Jr., HARMAN, CLAYTOR, CORRIGAN & WELLMAN, Richmond, Virginia,
    for Appellees.    ON BRIEF: David P. Corrigan, Jeremy D. Capps,
    HARMAN, CLAYTOR, CORRIGAN & WELLMAN, Richmond, Virginia, for
    Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    SHEDD, Circuit Judge:
    Sloan Pleasants filed this action pursuant to 
    42 U.S.C. § 1983
    , alleging that Officer Robert Rigsby unlawfully entered her
    home   and    arrested        her.       The       district         court    granted    summary
    judgment      to     Officer       Rigsby     on       the     unlawful-entry        claim    and
    dismissed       the    false-arrest           claim.           We    affirm    the    grant    of
    summary      judgment        on    the      unlawful-entry            claim,       reverse    the
    dismissal of the false-arrest claim, and remand the case for
    further proceedings.
    I.
    A.
    Before setting out the facts of this case, we pause to note
    the    peculiar       procedural         posture        of     this    case.         After    the
    defendants filed a motion to dismiss all of Pleasants’s claims,
    the    district       court       granted     limited          discovery      on    Pleasants’s
    unlawful-entry         claim.          J.A.    16–17.           The    parties      engaged    in
    discovery       on    this     issue,        but       based    on    the     depositions      of
    Pleasants and Officer Rigsby included in the Joint Appendix on
    appeal,      this     discovery        also    encompassed            testimony      about    the
    false-arrest claim.                See J.A. 55–63 (Pleasants’s deposition);
    J.A.     115–18       (Rigsby’s        deposition).                 Those     parts    of     the
    depositions         related       to   the    arrest,          however,      were    never    put
    before    the      district       court,      which       decided      the     unlawful-entry
    claim under the summary judgment standard and the false-arrest
    2
    claim    under    the   motion      to   dismiss      standard. 1      J.A.   196–204
    (unlawful-entry claim); J.A. 205–10 (false-arrest claim).                         Thus,
    we can consider the developed record in evaluating the district
    court’s decision to grant summary judgment on the unlawful-entry
    claim, but in reviewing the district court’s decision to dismiss
    the false-arrest claim, we are limited to the allegations in the
    complaint,       without      any   benefit      of   the   facts     developed     in
    discovery.
    B.
    We review the facts relevant to the unlawful-entry claim in
    the light most favorable to Pleasants, the nonmoving party.                        See
    Laing v. Fed. Express Corp., 
    703 F.3d 713
    , 714 (4th Cir. 2013).
    On    November      1,    2009,     Kevin    Pleasants,        Pleasants’s    ex-
    husband, called the police and asked for an officer to go with
    him to Pleasants’s home to pick up his eleven-year-old daughter,
    K.P., who “was bawling . . . [and] hysterical on the phone with
    him” because Pleasants was threatening to throw her out of the
    house.     J.A. 89.        During this time, Mr. Pleasants was in a
    custody    battle       with    Pleasants      over     their   daughter.          Mr.
    Pleasants wanted an officer to witness the interaction because
    1
    Had this evidence been before the district court when it
    made its decision, we could have considered it on appeal and
    evaluated the false-arrest claim under the summary judgment
    standard. See Dean v. Pilgrim’s Pride Corp., 
    395 F.3d 471
    , 474
    (4th Cir. 2005).
    3
    Pleasants had accused him of having intimidated her in the past,
    and he told the dispatcher that his ex-wife was “very violent”
    and “possibly intoxicated.”        J.A. 131–32.       After Officer Rigsby
    and Mr. Pleasants arrived at Pleasants’s house, Officer Rigsby
    stood back, observing the conversation but not participating.
    Pleasants initially refused to let K.P. leave with Mr. Pleasants
    and shut the door, but K.P. eventually came out and left with
    her father, to which Pleasants acquiesced.            During these events,
    Officer    Rigsby   could   not   hear   all   of   the   conversation,   and
    although he noticed that Pleasants had bloodshot eyes, he could
    not detect that Pleasants had been drinking.
    On December 13, 2009, Mr. Pleasants again called the police
    to have an officer go with him to Pleasants’s house and perform
    a “welfare check” on K.P.         Mr. Pleasants had returned a missed
    telephone call from K.P., but Pleasants would not let him speak
    with K.P.    During this call, Mr. Pleasants heard K.P. screaming
    and crying in the background.            Officer Rigsby again went with
    Mr. Pleasants to Pleasants’s home.             Pleasants opened the door
    and told them both to leave.         Mr. Pleasants said that he wanted
    to see K.P., who was standing approximately ten feet inside the
    doorway.     As Pleasants was trying to close the door, Officer
    Rigsby entered the house to talk to K.P. and check on her.
    4
    C.
    In reviewing the allegations in the complaint relevant to
    the   false-arrest    claim,    “we   accept       as   true    all   well-pleaded
    allegations and view the complaint in the light most favorable
    to the plaintiff.”     Philips v. Pitt County Mem’l Hosp., 
    572 F.3d 176
    , 180 (4th Cir. 2009).
    Two paragraphs in the complaint discuss the false arrest.
    See J.A. 7–8 (¶¶ 12–13).          Pleasants alleges that after Officer
    Rigsby entered the house, he began to question K.P.
    In response to one of [Officer] Rigsby’s
    questions, [K.P.] stated that [Pleasants]
    had slapped her on her leg where her arm was
    resting.   [K.P.] also told [Officer] Rigsby
    that her mother grabbed her by her wrist and
    told her to take a shower. [Officer] Rigsby
    saw no welts or other indicia of even a mild
    or minor physical injury.
    J.A. 7–8 (¶¶ 12–13).
    Based on those statements, Rigsby arrested Pleasants, and
    she   was   charged   with     assault       and   battery     against   a   family
    member, in violation of Va. Code § 18.2-57.2.                     The charge was
    ultimately dropped by the Commonwealth’s Attorney.
    D.
    Pleasants then filed this suit against the Town of Louisa
    and Officer Rigsby.          Pursuant to 
    42 U.S.C. § 1983
    , she sued
    Officer Rigsby under theories of unlawful entry, false arrest,
    and malicious prosecution; she also filed state-law claims of
    5
    malicious prosecution and gross negligence against him.                    She
    sued the Town, pursuant to § 1983, for failure to train.
    The Town and Officer Rigsby filed a Rule 12(b)(6) motion to
    dismiss    the   complaint.        Before   deciding   this    motion,     the
    district court granted limited discovery on the unlawful-entry
    claim.     After this limited discovery, the court dismissed all of
    Pleasants’s claims.       Pleasants now appeals the district court’s
    decision    to   grant   summary   judgment   to   Officer   Rigsby   on   the
    unlawful-entry claim and to dismiss the false-arrest claim. 2
    II.
    Section 1983 “is designed to provide a comprehensive remedy
    for the deprivation of constitutional rights.”           Smith v. Hampton
    Training Sch. for Nurses, 
    360 F.2d 577
    , 581 (4th Cir. 1966).                To
    state a claim under § 1983, “a plaintiff must establish three
    elements . . . : (1) the deprivation of a right secured by the
    Constitution or a federal statute; (2) by a person; (3) acting
    under color of state law.”          Jenkins v. Medford, 
    119 F.3d 1156
    ,
    1159-60 (4th Cir. 1997).
    Not all violations of a plaintiff’s rights, however, will
    subject a defendant to liability.             The doctrine of qualified
    2
    Although Pleasants’s notice of appeal challenges the
    district court’s entire decision, J.A. 220, she pursues only her
    unlawful-entry and false-arrest claims on appeal, Appellant’s
    Reply Br. at 11 n.4.
    6
    immunity protects government officials performing discretionary
    functions “from liability for civil damages insofar as their
    conduct    does     not    violate       clearly       established          statutory      or
    constitutional rights of which a reasonable person would have
    known.”    Harlow v. Fitzgerald, 
    457 U.S. 800
    , 818 (1982).                              It is
    “an entitlement not to stand trial or face the other burdens of
    litigation.”       Mitchell v. Forsyth, 
    472 U.S. 511
    , 526 (1985).
    Qualified immunity is a two-step inquiry “that asks first
    whether a constitutional violation occurred and second whether
    the right violated was clearly established.”                         Henry v. Purnell,
    
    652 F.3d 524
    , 531 (4th Cir. 2011) (en banc) (quoting Melgar v.
    Greene,    
    593 F.3d 348
    ,    353    (4th       Cir.    2010)).         We   need    not,
    however,    necessarily       address      these       inquiries       in    that     order.
    Pearson v. Callahan, 
    555 U.S. 223
    , 236 (2009).
    III.
    We   first    address      Pleasants’s         unlawful-entry          claim.       She
    argues that Officer Rigsby is not entitled to qualified immunity
    because his entry into her home on December 13, 2009, was not
    justified by any exigency.              We disagree.
    A.
    On   this     claim,       the     district          court    permitted       limited
    discovery and considered this evidence in holding that Officer
    Rigsby was entitled to qualified immunity.                         When matters outside
    the   pleadings     are    considered,          a    motion    to     dismiss     must     be
    7
    treated as a motion for summary judgment.                            Fed. R. Civ. P.
    12(d).     We review a grant of summary judgment de novo, “applying
    the same legal standards as the district court.”                               Pueschel v.
    Peters, 
    577 F.3d 558
    , 563 (4th Cir. 2009).                            Summary judgment
    should be granted if “there is no genuine dispute as to any
    material fact and the movant is entitled to judgment as a matter
    of law,” based on the “materials in the record.”                              Fed. R. Civ.
    P. 56.     At this stage, we must view all evidence in the light
    most favorable to the nonmoving party.                      Rowzie v. Allstate Ins.
    Co., 
    556 F.3d 165
    , 167 (4th Cir. 2009).
    B.
    The Fourth Amendment protects “[t]he right of the people to
    be secure in their . . . houses . . . against unreasonable
    searches.”         U.S.    Const.      amend.        IV.         Because      “the    Fourth
    Amendment has drawn a firm line at the entrance to the house,” a
    warrantless       entry    into    a    home       by     police    is     “presumptively
    unreasonable.”        Payton      v.    New       York,    
    445 U.S. 573
    ,      591,    586
    (1980).     A warrantless entry is permitted, however, in certain
    instances     “because      the     ultimate            touchstone       of    the    Fourth
    Amendment is ‘reasonableness.’”                    Brigham City, Utah v. Stuart,
    
    547 U.S. 398
    , 403 (2006).
    One such instance is exigent circumstances.                              Coolidge v.
    New   Hampshire,     
    403 U.S. 443
    ,       474–75    (1971).           One    type   of
    exigency     is     the    emergency-aid            exception        to       the    warrant
    8
    requirement, which allows police to enter a home “to protect an
    occupant from imminent injury.”                     Kentucky v. King, 
    131 S. Ct. 1849
    , 1856 (2011) (quoting Brigham City, Utah, 
    547 U.S. at 403
    ).
    Courts have shown particular concern for emergency situations of
    domestic violence, given their “combustible nature,” Tierney v.
    Davidson, 
    133 F.3d 189
    , 197 (2d Cir. 1998), as well as for
    children who may be in danger, see Hunsberger v. Wood, 
    570 F.3d 546
    , 555 (4th Cir. 2009) (relying in part on the fact that a
    child was in a home in which she was not supposed to be in
    holding        that    an   officer      reasonably           believed           that   exigent
    circumstances existed to enter that home); see also Doe v. Heck,
    
    327 F.3d 492
    , 517 n.20 (7th Cir. 2003) (observing “that the
    exigent        circumstances      exception         .    .    .    gives    the     State    the
    ability to take immediate action to ensure the physical safety
    of   a    child       suspected    of    abuse          who   is    located        on   private
    property”).           In determining whether an officer’s entry into a
    home     was    justified      under    this       doctrine,       “we     ask    whether    the
    circumstances          known      to    [the         officer]        would         create     an
    ‘objectively reasonable belief that an emergency existed that
    required immediate entry to render assistance or prevent harm to
    persons        or   property    within.’”           Hunsberger,          
    570 F.3d at 555
    (quoting United States v. Moss, 
    963 F.2d 673
    , 678 (4th Cir.
    1992)).
    9
    When Officer Rigsby went with Mr. Pleasants to Pleasants’s
    home on the night of December 13, Officer Rigsby was making his
    second visit to the home in six weeks because of circumstances
    that placed the child in a volatile and potentially dangerous
    situation.        Despite        Pleasants’s    attempt      to       characterize      her
    behavior during the November incident as “cooperative, friendly,
    and    gracious     in     allowing     her     daughter         to     go     with    [Mr.
    Pleasants],” Appellant’s Br. at 13, this incident was far more
    contentious than that.            Although Pleasants eventually acquiesced
    in K.P. leaving with Mr. Pleasants, Officer Rigsby could have
    reasonably     viewed      her    shutting     the   door    before       K.P.    finally
    reopened the door to leave as hostility and a desire to keep
    K.P.    away   from      Mr.     Pleasants,     no    matter      K.P.’s       safety       or
    condition.
    On the night of December 13, Officer Rigsby was told that
    K.P. was screaming and crying in the background of the telephone
    and that Pleasants would not let Mr. Pleasants speak with K.P.
    Mr.    Pleasants    explicitly       requested       that    Officer         Rigsby    do    a
    welfare     check     on    K.P.,     reflecting       his       concern       about    his
    daughter.      When      Officer     Rigsby    arrived      at    the    house    and       in
    contrast to the November incident, Pleasants refused to let K.P.
    speak with Officer Rigsby or Mr. Pleasants.                       This refusal left
    Officer Rigsby unsure of K.P.’s well-being.
    10
    Ultimately, we need not decide whether these facts 3 created
    an exigency permitting Officer Rigsby to enter Pleasants’s home
    pursuant        to   the    Fourth     Amendment.             Under     the       doctrine    of
    qualified immunity, an officer is not liable for his actions,
    even       if    those     actions     would       have       actually        violated       the
    Constitution,         if    no    clearly   established         law     prohibited       those
    actions.        See Pearson, 
    555 U.S. at 236
    .
    Although courts have long held that the sanctity of the
    home is “[a]t the very core” of the Fourth Amendment, Silverman
    v.   United      States,     
    365 U.S. 505
    ,       511    (1961),    numerous       recent
    decisions have shown great concern for domestic violence, see,
    e.g., Georgia v. Randolph, 
    547 U.S. 103
    , 118–19 (2006), and for
    children who may be in danger, see, e.g., Hunsberger, 
    570 F.3d at 555
    ; see also United States v. Taylor, 
    624 F.3d 626
    , 632 (4th
    Cir. 2010) (“[T]he absence of responsible adult supervision of
    children        is   an    exigent    circumstance           justifying       a    warrantless
    entry.” (quoting Georgia v. Peterson, 
    543 S.E.2d 692
    , 696 (Ga.
    2001))).             In     the    absence        of     caselaw        addressing           what
    3
    That much of what Officer Rigsby knew was told to him by
    Pleasants’s ex-husband does not mean that Officer Rigsby could
    not credit that information. The record reflects no reason why
    Officer   Rigsby   should   have  disbelieved  Mr.   Pleasants’s
    statements. Furthermore, given the dangers of domestic violence
    and the need to protect children, that a police officer errs on
    the side of believing a statement and subsequently checking on
    the child is often the preferable choice.
    11
    circumstances are sufficient to constitute an exigency under the
    emergency-aid exception to allow police to check on a child,
    Officer Rigsby cannot be charged with having notice that the
    emergency-aid exception was unjustified here.                      See Robles v.
    Prince   George’s    County,    Md.,   
    302 F.3d 262
    ,      270-71   (4th   Cir.
    2002) (“Although notice does not require that the ‘very action
    in question has previously been held unlawful,’ it does mean
    that ‘in the light of pre-existing law the unlawfulness must be
    apparent.’”    (quoting    Wilson      v.    Layne,       
    526 U.S. 603
    ,    615
    (1999))).
    Because   no     clearly    established        law    prohibited        Officer
    Rigsby’s warrantless entry into the home to ensure K.P.’s well-
    being, the district court properly granted summary judgment to
    Officer Rigsby on this claim.
    IV.
    We turn now to Pleasants’s false-arrest claim.                      Pleasants
    argues that Officer Rigsby is not entitled to qualified immunity
    based solely on the allegations in the complaint because under
    Virginia law, a parent is allowed to use corporal punishment on
    a child, meaning that any touching of a child by a parent cannot
    automatically create probable cause for arrest.                  We agree.
    A.
    Unlike    the    unlawful-entry         claim,       the    district       court
    dismissed this claim pursuant to Federal Rule of Civil Procedure
    12
    12(b)(6), looking only at the allegations in the complaint. 4                        We
    review the grant of a motion to dismiss de novo.                         Decohen v.
    Capital One, N.A., 
    703 F.3d 216
    , 222 (4th Cir. 2012).                               “To
    survive a motion to dismiss, a complaint must contain sufficient
    factual matter, accepted as true, to ‘state a claim to relief
    that is plausible on its face.’”                   Ashcroft v. Iqbal, 
    556 U.S. 662
    , 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 
    550 U.S. 544
    , 570 (2007)).
    B.
    The       Fourth   Amendment   also     protects     “[t]he   right    of    the
    people to be secure in their persons . . . against unreasonable
    . . . seizures.”          U.S. Const. amend. IV.          An arrest is a seizure
    under the Fourth Amendment, and such a seizure is reasonable
    only if based on probable cause.                   Wilson v. Kittoe, 
    337 F.3d 392
    , 398 (4th Cir. 2003).             Probable cause “to justify an arrest
    means       facts   and   circumstances      within   the    officer’s    knowledge
    that       are   sufficient   to   warrant     a   prudent    person,    or   one    of
    reasonable caution, in believing, in the circumstances shown,
    that the suspect has committed, is committing, or is about to
    commit an offense.”            Michigan v. DeFillippo, 
    443 U.S. 31
    , 37
    (1979).          Whether probable cause exists must be determined “in
    4
    At oral argument, Officer Rigsby insisted that this is the
    proper procedural posture of this case.
    13
    the light of all of the surrounding circumstances.”                        Porterfield
    v. Lott, 
    156 F.3d 563
    , 569 (4th Cir. 1998).                    In determining what
    amounts to probable cause, we have noted that “[p]robable cause
    requires     more    than     ‘bare   suspicion’       but   requires       less    than
    evidence necessary to convict.”             
    Id.
    Virginia maintains the common-law definition of assault and
    battery.         Montague   v.    Virginia,      
    684 S.E.2d 583
    ,       588–89   (Va.
    2009).       Thus,    the     slightest    touching      may    be       sufficient   to
    constitute a battery.            Lynch v. Virginia, 
    109 S.E. 427
    , 428 (Va.
    1921).      Yet Virginia allows parents to use corporal punishment
    with children, although that “right cannot be used as a cloak
    for the exercise of uncontrolled passion, and that such person
    may be criminally liable for assault and battery if he inflicts
    corporal punishment which exceeds the bounds of due moderation.”
    Harbaugh v. Virginia, 
    167 S.E.2d 329
    , 332 (Va. 1969).                               Given
    this parental right, some touching of a child by a parent—even
    if   such    a     touching      between    people     without       a    parent-child
    relationship could be a battery—must be legally permissible.
    This     conclusion       requires     us    to   reject    Officer      Rigsby’s
    contention that any touching by a parent of a child creates
    probable cause for an officer to arrest the parent and then a
    14
    jury is left to determine whether that force was excessive. 5
    Such a position is legally untenable in light of Virginia law.
    A parent often must use de minimis force to reprimand or even
    protect his children, and such force cannot always lead to the
    possibility that a police officer can arrest the parent.           We do
    not attempt to define here what level of force must be used by a
    parent    to   create   probable   cause   for     arrest,   for    such
    determinations are typically fact-specific.       We simply state for
    purposes of this case that the application of de minimus force
    by a parent does not automatically create probable cause for
    arrest.
    Turning to the facts alleged in the complaint, Pleasants
    has stated a plausible claim for relief.         The complaint alleges
    that Officer Rigsby knew Pleasants touched her daughter twice—a
    slap on the hand and a grab of the wrist.        It also alleges that
    Officer Rigsby saw no visible injuries on K.P.         Based on these
    allegations alone, Pleasants has pled a plausible claim that
    Officer Rigsby lacked probable cause to arrest her.           Virginia
    5
    Officer Rigsby’s reliance on Va. Code § 19.2-81.3(B),
    which requires an officer to arrest a person who the officer
    believes has violated Va. Code § 18.2-57.2, is misplaced.
    Section 19.2-81.3(B) still requires the officer to have probable
    cause for arrest.    As we explain here, probable cause cannot
    always exist solely from a witness’s statement without any more
    context because Virginia recognizes the right of corporal
    punishment, thereby permitting some level of physical force
    against the child by the parent.
    15
    law permits some physical contact of a child by a parent, and
    without more factual development of the details of Pleasants’s
    contact with K.P., Pleasants’s allegations can support a claim
    that contact as described in the complaint is permissible under
    Virginia law.    Thus, at this stage, we cannot say that Officer
    Rigsby did not violate Pleasants’s constitutional right to be
    free from arrest without probable cause.
    Furthermore,   we    cannot    say,     based   on   the   complaint’s
    allegations, that Officer Rigsby’s decision to arrest Pleasants
    did not violate clearly established law.              Virginia expressly
    allows   some   degree    of     corporal    punishment    by   a   parent.
    Harbaugh, 167 S.E.2d at 332 (stating that “parents or persons
    standing in loco parentis may administer such reasonable and
    timely punishment as may be necessary to correct faults in a
    growing child”).    At this stage, Pleasants has pled a plausible
    claim that, based on Virginia law allowing corporal punishment
    and in the absence of more factual context for Pleasants’s use
    of force, probable cause for her arrest was so lacking that
    Officer Rigsby violated her clearly established right not to be
    arrested without probable cause.            See Henderson v. Simms, 
    223 F.3d 267
    , 273 (4th Cir. 2000)         (“This Court has held that the
    Fourth Amendment right to be arrested only on probable cause is
    clearly established.”).        Thus, Officer Rigsby is not entitled to
    qualified immunity at this point.            See Pinder v. Johnson, 54
    
    16 F.3d 1169
    , 1173 (4th Cir. 1995) (en banc) (“Where the law is
    clearly   established,   and   where   no   reasonable   officer   could
    believe he was acting in accordance with it, qualified immunity
    will not attach.”).
    On these pleadings, Pleasants has stated a claim for false
    arrest, and on the limited record before us, Officer Rigsby is
    not entitled to qualified immunity on this claim.            Therefore,
    the district court erred in dismissing the false-arrest claim. 6
    V.
    For the foregoing reasons, we affirm the grant of summary
    judgment to Officer Rigsby on the unlawful-entry claim, reverse
    the dismissal of the false-arrest claim, and remand the case for
    further proceedings consistent with this opinion.
    AFFIRMED IN PART,
    REVERSED IN PART,
    AND REMANDED
    6
    Of course, whether Pleasants will ultimately prevail on
    this claim is a different question.    On remand, Officer Rigsby
    may present to the district court evidence from discovery
    relating to the false-arrest claim and move for summary
    judgment.   The district court would then evaluate Pleasants’s
    claim in light of this more developed factual record.
    17
    

Document Info

Docket Number: 12-1496

Citation Numbers: 524 F. App'x 891

Judges: Shedd, Floyd, Goodwin, Southern, Virginia

Filed Date: 5/7/2013

Precedential Status: Non-Precedential

Modified Date: 11/6/2024

Authorities (28)

Payton v. New York , 100 S. Ct. 1371 ( 1980 )

Wilson v. Layne , 119 S. Ct. 1692 ( 1999 )

Philips v. Pitt County Memorial Hospital , 572 F.3d 176 ( 2009 )

Mildred M. Smith, Agnes L. Stokes, and Patricia L. Taylor v.... , 360 F.2d 577 ( 1966 )

Brigham City v. Stuart , 126 S. Ct. 1943 ( 2006 )

Pearson v. Callahan , 129 S. Ct. 808 ( 2009 )

Melgar Ex Rel. Melgar v. Greene , 593 F.3d 348 ( 2010 )

United States v. Bryan A. Moss , 963 F.2d 673 ( 1992 )

gloria-dean-eunice-aldridge-richard-f-aldridge-dorothy-cook-dwight-cook , 395 F.3d 471 ( 2005 )

nelson-o-robles-v-prince-georges-county-maryland-james-rozar-antonio , 302 F.3d 262 ( 2002 )

Silverman v. United States , 81 S. Ct. 679 ( 1961 )

Coolidge v. New Hampshire , 91 S. Ct. 2022 ( 1971 )

Bell Atlantic Corp. v. Twombly , 127 S. Ct. 1955 ( 2007 )

Ashcroft v. Iqbal , 129 S. Ct. 1937 ( 2009 )

Maureen Tierney, for Herself and as Mother of Philip T. ... , 133 F.3d 189 ( 1998 )

Vincent Henderson Daryelle Rexrode John Calella v. Stuart O.... , 223 F.3d 267 ( 2000 )

john-doe-and-jane-doe-individually-and-on-behalf-of-their-minor-son-john , 327 F.3d 492 ( 2003 )

Michael Thomas Wilson v. Barry A. Kittoe, and Anthony S. ... , 337 F.3d 392 ( 2003 )

State v. Peterson , 273 Ga. 657 ( 2001 )

Kentucky v. King , 131 S. Ct. 1849 ( 2011 )

View All Authorities »