No. 18-1574

William Henry Starrett v. Department of Defense, et al.

Lower Court: Fifth Circuit
Docketed: 2019-06-25
Status: Denied
Type: Paid
Response Waived
Tags: 12(b)(6) appellate-review civil-procedure civil-rights due-process factual-allegations federal-jurisdiction federal-rules-of-civil-procedure motion-to-dismiss patent pleading pleading-standards standard-of-review standing takings technology-law
Key Terms:
SocialSecurity DueProcess Takings Privacy Jurisdiction
Latest Conference: 2019-10-01
Question Presented (from Petition)

Where all court filing fees have been paid to initiate pursuit, what is the appropriate inquiry for determining when only a litigant's factual allegations justify a dismissal of all claims under Federal Rules of Civil Procedure 12(b)(6) and what is the proper standard of appellate review for such a dismissal?

Whether a complaint can survive a motion to dismiss when its factual allegations and claims involve one or more technologies, or capabilities of combined technologies, that are either in development or unfamiliar to a court but instead regarded by a court as nonexistent in lieu of it requiring evidence.

Whether, in an initiating complaint, are legally cognizable causes of action sufficient when conforming to Federal Rules of Civil Procedure Rule Eight (8) and supported by factual allegations apart from legal theory or such other further detail creating a reasonable expectation that discovery may surface additional evidence of wrongdoing.

Did petitioner, as the plaintiff in the District Court, plead factual matter that, if taken as true, sufficiently alleges in support of federal causes of action or other remedies within the jurisdiction of federal courts?

Question Presented (AI Summary)

Whether a complaint can survive a motion to dismiss when its factual allegations and claims involve one or more technologies, or capabilities of combined technologies, that are either in development or unfamiliar to a court but instead regarded by a court as nonexistent in lieu of it requiring evidence

Docket Entries

2019-10-07
Petition DENIED.
2019-07-17
DISTRIBUTED for Conference of 10/1/2019.
2019-07-02
Waiver of right of respondent Department of Defense to respond filed.
2019-06-14
Petition for a writ of certiorari filed. (Response due July 25, 2019)

Attorneys

Department of Defense
Noel J. FranciscoSolicitor General, Respondent
William Henry Starrett
William Starrett — Petitioner