Our Law Firm has been representing victims of police violence in Federal Court with great success. Many times, our lawyers obtain judgments on the pleadings before going to a trial. Our San Antonio Lawyers are here to help the victims of police brutality, specially when the victim is dead. Bellow is an example of pleading filed in Federal Court to help practitioners obtain a judgment on the pleadings pursuant the Federal Rules of Civil Procedure.
PLAINTIFFS' MOTION FOR JUDGMENT ON THE PLEADINGS
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COME Plaintiffs, Movants herein, and request the Court to enter Judgment on the Pleadings in favor of Movants on the claims set forth herein, and against Defendants (hereinafter Non-Movants), and in support thereof, show the Court the following:
After the pleadings are closed but within such time as not to delay the trial, any party my move for judgment on the pleadings. Federal Rules of Civil Procedure 12(c).The standard for deciding a Rule 12(c) motion is the same as a Rule 12(b)(6) motion to dismiss.
The court "accepts all well-pleaded facts as true, viewing them in the light most favorable to the plaintiff." In re Katrina Canal Breaches Litig., 495 F.3d 191, 205 (5th Cir. 2007), petition for cert. filed, (U.S. Nov. 26, 2007) (No. 07-713).
The plaintiff must plead "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, - U.S. -, 127 S.Ct. 1955, 1974 (2007).
"Factual allegations must be enough to raise a right to relief above the speculative level, on the assumption that all the allegations in the complaint are true (even if doubtful in fact). Id. at 1965.
Averments in a pleading which a responsive pleasing is required, other than those as to the amount of damage, are admitted when not denied in the responsive pleading. Federal Rules of Civil Procedure 8(d).
When the facts of the case are such that a judgment on the pleadings can be obtain, practitioners need to be aware of them.
If you, or someone you know has been a victim of police brutality, give us a call at (210) 979-9777. We care about your legal needs!
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