Opinion

Fritz v. Charter Township of Com-Stock

  • 592 F.3d 718
  • 2010 U.S. App. LEXIS 1877
  • 2010 WL 307899
Court
Court of Appeals for the Sixth Circuit
Filed
Jan 28, 2010
Status
Published
Author
Ryan
On the bench
Ryan, Cole, Clay
Cited by
743 cases

holding that an allegation that Township officials had threatened to revoke a resident’s special- use permit was sufficient to show an adverse action at the pleading stage

How later courts described this case

  • holding that an allegation that Township officials had threatened to revoke a resident’s special- use permit was sufficient to show an adverse action at the pleading stage
  • holding that plaintiff alleged facts plausibly suggesting that the “adverse actions were motivated, at least in part, by her protected conduct,” sufficient to survive the motion to dismiss.
  • finding that defendant’s statements that there was a neighborhood petition against plaintiff and that plaintiff violated township ordinances did not constitute adverse action
  • noting that a “ ‘legal conclusion couched as a factual allegation’ need not be accepted as true on a motion to dismiss” (quoting Hensley Mfg. v. ProPride, Inc., 579 F.3d 603, 609 (6th Cir. 2009))

Written by the judges who cited it.

The opinion

RYAN, Circuit Judge,

dissenting.

I respectfully disagree with the majority opinion, precisely for the reasons stated by District Judge Robert Holmes Bell in his solidly reasoned and well-written opinion holding that the plaintiff has not alleged an actionable claim of a violation of her constitutional rights.

I would affirm the district court’s judgment.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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