Thursday, August 04, 2011

Sixth Circuit -- Center for Bio-Ethical Reform v. Janet Napolitano

Center for Bio-Ethical Reform v. Janet Napolitano 

 Pro-life organization plaintiffs have not plausibly alleged the existence of a DOJ Right Wing Extremists policy.

No 1A retaliation claim, as nothing specifically pleaded that would prevent a person of ordinary firmness from helping out with that whole fetus-pictures-on-eighteen-wheelers thing.

These vague and conclusory allegations of nefarious intent and motivation by officials at the highest levels of the federal government are not well-pleaded, and are therefore insufficient to “plausibly suggest an entitlement to relief.”

No equal protection claims, as no plausible pleading of disparate treatment.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.