KIRK, SECRETARY, NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES

v.

THOMAS S., BY HIS APPOINTED GUARDIAN AD LITEM, BROOKS

Citator

Cited By (17 total)

• Bennett v. Garrison A. Parker, 898 F.2d 1530 (11th Cir. 1990)
  …, 727 F. 2d 1067, 1069 (11th Cir.1984) ("[A] complaint may be dismissed under Rule 12(b)(6) when its own allegations reveal the existence of an affirmative defense, so long as the defense clearly appears on the face of the complaint”), cert. denied, 476 U.S. 1124, 106 S.Ct. 1992, 1993, 90 L.Ed.2d 673 (1986); Green v. Maraio, 722 F. 2d 1013, 1019 (2d Cir.1983) (affirmative defense of qualified immunity may be asserted in Rule 12(b)(6) motion when “complaint itself establishes ... qualified immunity”); see als…
• Fortner v. A.G. Thomas, 983 F.2d 1024 (11th Cir. 1993)
  …) motion “when its own allegations indicate the existence of an affirmative defense, so long as the defense clearly appears on the face of the complaint.” Quiller v. Barclays American/Credit, Inc., 727 F. 2d 1067, 1069 (11th Cir.1984), cert. denied, 476 U.S. 1124, 106 S.Ct. 1992, 1993, 90 L.Ed.2d 673 (1986). In considering a defendant’s motion to dismiss based on qualified immunity, the district court must examine the complaint to determine “whether, under the most favorable version of the facts alleged, d…
• Vineyard v. Cnty. OF Murray, 990 F.2d 1207 (11th Cir. 1993)
  …here is “sufficient independent proof that the moving force of the violation was a municipal policy or custom.” Gilmere v. City of Atlanta, 774 F. 2d 1495, 1504 n. 10 (11th Cir.1985), cert. denied, 476 U.S. 1115, 106 S.Ct. 1970, 90 L.Ed.2d 654, and 476 U.S. 1124, 106 S.Ct. 1993, 90 L.Ed.2d 673 (1986). At trial, Vineyard presented evidence regarding this particular incident, and he offered independent evidence that the county’s policies regarding the supervision, discipline and training of deputies in the S…