Brown v. Montoya

Docket Number10-2269
Decision Date08 November 2011
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945 cases
  • Hibben v. Oklahoma ex rel. Dep't of Veterans Affairs
    • United States
    • U.S. District Court — Northern District of Oklahoma
    • 31 Marzo 2017
    ...of Civil Procedure 12(b)(6). See, e.g., Wood v. Moss, ___U.S.___, 134 S.Ct. 2056, 2066-67, 188 L.Ed. 2d 1039 (2014); Brown v. Montoya, 662 F.3d 1152, 1162 (10th Cir. 2011); Robbins v. Oklahoma, 519 F.3d 1242, 1247 (10th Cir. 2008). "The doctrine of qualified immunity protects government off......
  • Gray v. Univ. of Colorado Hosp. Auth.
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • 27 Febrero 2012
    ...of personal liability, and (2) for failure to train and supervise based on a theory of supervisory liability. See Brown v. Montoya, 662 F.3d 1152, 1163–64 (10th Cir.2011) (distinguishing between § 1983 claims based on personal liability and supervisory liability). As to Plaintiffs' third cl......
  • Echavarria v. Roach
    • United States
    • U.S. District Court — District of Massachusetts
    • 30 Septiembre 2021
    ...his or her own misconduct." Ashcroft v. Iqbal, 556 U.S. 662, 677, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) ; see also Brown v. Montoya, 662 F.3d 1152, 1163 (10th Cir. 2011) ("Personal liability ‘under § 1983 must be based on personal involvement in the alleged constitutional violation.’ " (ci......
  • Frey v. The Town of Jackson
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • 26 Julio 2022
    ...comes to us at the Rule 12(b)(6) stage, we take the facts from the amended complaint and assume their veracity. See Brown v. Montoya, 662 F.3d 1152, 1162 (10th Cir. 2011). In addition, when a plaintiff attaches a written document to his complaint as an exhibit, we consider it part of the co......
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2 books & journal articles
  • Prisoners' Rights
    • United States
    • Georgetown Law Journal No. 110-Annual Review, August 2022
    • 1 Agosto 2022
    ...hearing, prisoner lost access to signif‌icant funds, and providing hearing would not be administratively burdensome); Brown v. Montoya, 662 F.3d 1152, 1169-70 (10th Cir. 2011) (potential due process violation when off‌icer wrongly placed probationer in sex offender unit and asked probatione......
  • Police Use of Deadly Force: Revising Judicial and Statutory Standards to Limit Unjustified Violence.
    • United States
    • Albany Law Review Vol. 83 No. 4, June 2020
    • 22 Junio 2020
    ...Imbler v. Pachtman, 424 U.S. 409, 418-19, 427, 431 (1976). (162) See Saucier v. Katz, 533 U.S. 194, 199 (2001). (163) Brown v. Montoya, 662 F.3d 1152, 1164 (10th Cir. 2011) (quoting Leverington v. Colorado Springs, 643 F.3d 719, 732 (10th Cir. 2011)); see also Saucier, 533 U.S. at (164) Bro......

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