Also known as: failure to state a claim · 12(b)(6)
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.
Select any source to read its text and confirm it supports the definition.
Sean filed a complaint alleging that Global Cargo misclassified him as an independent contractor. The complaint stated only that he worked full time under company control on exclusive routes. The court dismissed the action because those bare assertions supplied no factual detail about schedules, supervision, or equipment ownership from which employee status could be inferred.
The plaintiffs sued Chicago police officers for damages arising from a warrantless home entry. The complaint alleged that the officers acted willfully to deprive the plaintiffs of constitutional rights. The district court dismissed the complaint because it failed to allege any state action that would support a federal civil rights claim.
Joseph moved to modify a separation agreement incorporated in a divorce decree. He alleged that the payee had committed immoral criminal acts after the decree. The trial court dismissed the count because the statute rendered the agreement non-modifiable and the pleaded facts supplied no basis for relief.
A prisoner sued federal officials alleging a policy of harsh confinement conditions. The complaint contained only conclusory assertions of discriminatory intent without factual content showing that each defendant acted with the required state of mind. The court dismissed the action because the allegations did not permit a reasonable inference of liability.
A railroad sued a chemical manufacturer after a tank car leaked during transport. The complaint alleged only that the manufacturer had shipped the chemical and that a spill occurred. The court dismissed the claim because the pleaded facts did not establish any duty or breach that would support recovery.
A patient sued a pacemaker manufacturer alleging state-law design defects. The complaint asserted that the device caused injury but contained no facts showing that federal requirements had been violated. The court dismissed the action because the allegations failed to state a claim that could survive federal preemption.
A defendant may raise the defense in a pre-answer motion under Rule 12(b)(6) or later in a pleading, by motion for judgment on the pleadings, or at trial.
Supporting sources
The complaint must contain sufficient factual matter accepted as true to state a plausible claim for relief. Threadbare recitals of elements or conclusory statements do not suffice.
Supporting sources
No. The defense goes to the merits of whether any cause of action exists, not to whether the court has power to hear the case.
Supporting sources
…United States." The District Court dismissed the complaint for lack of federal jurisdiction under 28 U. S. C. § 1331 (a) and failure to state a claim for which relief may be granted. 276 F. Supp. 12 (EDNY 1967). On appeal, the Court of Appeals concluded, on the basis of this Court's decision in Bell v. Hood , 327 U. S. 678 (1946), that…