Also known as: fail to state a claim · fails to state a claim · failing to state a claim · failed to state a claim · failure to state a claim upon which relief can be granted · 12(b)(6) · FRCP 12(b)(6) · motion to dismiss for failure to state a claim
Written by attorneys · grounded in primary & secondary sources — see below
A ground for dismissal of a complaint when the allegations, even if accepted as true, do not entitle the plaintiff to any legal remedy.
Freya Freeman sued Ferrum Metals and Fisher Foods alleging the companies fixed fuel surcharges. Her complaint described identical pricing charts released on the same day but alleged no meetings or communications between the firms. The defendants moved to dismiss. The court granted the motion because the facts remained consistent with independent conduct.
Fatou Fall filed an antitrust suit against two carriers alleging they conspired to allocate local service markets. The complaint cited parallel pricing and public announcements but offered no facts showing an actual agreement. The defendants moved to dismiss. The court granted the motion after finding the allegations equally consistent with lawful behavior.
Select any source to read its text and confirm it supports the definition.
Felicity French sued six federal agents alleging an unlawful search of her apartment. The complaint asserted a constitutional violation but provided no statutory basis for damages. The defendants moved to dismiss. The court granted the motion because the pleading failed to state a recognized cause of action.
Fabian Flynn challenged a state criminal statute after arrest for private consensual conduct. The complaint alleged the law violated substantive due process but cited no recognized fundamental right. The state moved to dismiss. The court granted the motion because the pleading did not state a viable constitutional claim.
Fumiko Fujimoto sued a defendant served while briefly visiting the state. The complaint asserted personal jurisdiction based solely on that presence but alleged no other contacts. The defendant moved to dismiss. The court granted the motion because the pleading failed to state a basis for jurisdiction under governing standards.
Francois Fortier sued federal officials alleging religious discrimination during detention. The complaint offered only conclusory assertions of intent without supporting factual detail. The defendants moved to dismiss. The court granted the motion because the allegations did not plausibly state a claim.
The defense may be raised in a pleading, by motion for judgment on the pleadings, or at trial.
Supporting sources
The court accepts well-pleaded factual allegations as true and determines whether those facts permit a plausible inference of liability.
Supporting sources
Yes. Such a dismissal bars relitigation because the plaintiff receives opportunities to amend and the ruling addresses the legal sufficiency of the claim.
No. The motion is among the pretrial matters a district judge must decide personally unless the parties consent.
Supporting sources
…arrest, and that the statute for several reasons violates the Federal Constitution. The District Court granted the defendants' motion to dismiss for failure to state a claim, relying on Doe v. Commonwealth's Attorney for the City of Richmond , 403 F. Supp. 1199 (ED Va. 1975), which this Court summarily affirmed, 425 U. S. 901 (1976). A divided panel of the…