Motion to Dismiss (Rule 12(b)(6))

What It Is

A Rule 12(b)(6) motion to dismiss argues that even if everything in your complaint is true, you still haven’t stated a valid legal claim. The court takes all your factual allegations as true, draws reasonable inferences in your favor, and asks: “Is there a plausible claim here?”

If no — case dismissed. Often before you’ve exchanged a single document in discovery.

When It Happens

In most § 1983 cases, defendants file motions to dismiss. It’s their first and cheapest shot at killing your case. Expect it within 21 days of the answer deadline (federal) or per your jurisdiction’s rules.

The Standard

Under Iqbal/Twombly, the court:

1. Strips out legal conclusions — “Defendant violated my rights” gets ignored
2. Accepts well-pleaded facts as true — “Officer Smith handcuffed me while I stood with my hands raised” is accepted
3. Asks whether a plausible claim remains — Can a reasonable person infer liability from these facts?

The QI Double Hit

In § 1983 cases, defendants often combine 12(b)(6) with a qualified immunity argument. This means the court evaluates:

1. Did you plausibly allege a constitutional violation? (Iqbal/Twombly)
2. Was the right clearly established? (QI)

Both hurdles at the pleading stage, before discovery. It’s the most dangerous moment in your case.

How to Survive

• Be specific in your complaint: The more factual detail, the harder to dismiss. See Plausibility Pleading.
• Allege each element: Know the elements of each claim and make sure your facts cover each one.
• Cite the right legal standards: Show the court you know what you need to prove.
• Request leave to amend: If the court is inclined to dismiss, ask for permission to file an amended complaint. Courts often grant this, at least once.

What Happens If You Lose

• Dismissed with prejudice: Your claim is dead. You can appeal but can’t refile.
• Dismissed without prejudice: You can amend and refile. This is much better.
• Partial dismissal: Some claims survive, others don’t. Common in multi-claim § 1983 cases.

Ask for dismissal without prejudice if the court is going that direction. And have an amended complaint strategy ready.

Key Cases

• Ashcroft v. Iqbal, 556 U.S. 662 (2009) — The plausibility standard applied at 12(b)(6)
• Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) — “Plausibility” replaces “no set of facts”