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Civil Procedure Keyed to Rowe
Neita v. City of Chicago
Citation:830 F.3d 494 (7th Cir. 2016)
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Neita (Plaintiff) owned a dog-grooming business. He brought two dogs to Chicago’s Animal Care and Control Department because one dog had become overly aggressive and killed another dog. The animal control office called the police after Neita arrived with the dogs, and the police searched Neita, his vehicle, and his business premises. Neita filed a civil rights claim against the City of Chicago (Defendant) for false arrest and illegal searches, among other claims. The City filed a motion to dismiss under Rule 12(b)(6), which the district court granted. The judge dismissed Neita’s first amended complaint without prejudice. Neita amended the complaint, and the judge dismissed the second amended complaint with prejudice, holding that he had failed to plead any constitutional violation and that further amendment would be futile. Neita appealed to the Seventh Circuit.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.