Phillips v. County of Allegheny
- Decided
- February 5, 2008
- Docket
- 06-2869
- Status
- Published
- Jurisdiction
- Federal
Cited 8,116 timesNo negative treatment found in this library
What later courts said
- holding that: (1) factual allegations of complaint must provide notice to defendant; (2) complaint must allege facts suggestive of the proscribed conduct; and (3 — Ellingsworth v. Hartford Fire Insurance Co. (2017)
- concluding that deliberate indifference standard applied where complaint failed to allege facts demonstrating “any sense of urgency or emergency” — L.R. v. School District (2014)
- holding that a plaintiff must provide “a ‘showing’ rather than a blanket assertion of an entitlement to relief’ — King v. Philadelphia Parking Authority (2015)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
OPINION OF THE COURT NYGAARD, Circuit Judge.
Jeanne Phillips (“Phillips”), individually and in her capacity as administrator of the estate of her son, decedent Mark Phillips, appeals the District Court’s dismissal of her claims against various defendants for violations of 42 U.S.C. § 1983. The District Court, in deciding a motion under Fed.R.Civ.P. 12(b)(6), was required to accept as true all factual allegations in the complaint and draw all inferences from the facts alleged in the light most favorable to Phillips. Worldcom, Inc. v. Graphnet, Inc., 343 F.3d 651, 653 (3d Cir.2003). Moreover, in the event a complaint fails to state a claim, unless amendment would be futile, the District Court must give a plaintiff the opportunity to amend her complaint. Shane v. Fauver, 213 F.3d 113, 116 (3d Cir.2000). Because the District Court did not follow these dictates, we will reverse in part and remand.
I.
Statutes cited
Cite this
Phillips v. County of Allegheny, 515 F.3d 224 (2008)Read the full opinion
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