85 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 251,785 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Canton v. Harris
489 U.S. 378 (1989) Cited 16,278 times 2 Legal Analyses
Holding that the city could be held liable for failing to train police officers in determining whether detainees needed medical care because of the likelihood that, absent proper training, the officers would default on their constitutional obligations
Whren v. United States
517 U.S. 806 (1996) Cited 8,594 times 38 Legal Analyses
Holding that, upon observing traffic violation, officer may stop vehicle regardless of his subjective motivations, "as long as the circumstances, viewed objectively, justify that action"
Lacey v. Maricopa Cnty.
693 F.3d 896 (9th Cir. 2012) Cited 7,612 times
Holding that "claims [that are] voluntarily dismissed" are "waived if not repled" in an amended complaint"
Fogerty v. Fantasy, Inc.
510 U.S. 517 (1994) Cited 2,814 times 30 Legal Analyses
Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988
Davis v. Monroe County Bd. of Educ.
526 U.S. 629 (1999) Cited 1,943 times 31 Legal Analyses
Holding that the plaintiff sufficiently alleged actionable sexual harassment where her minor daughter suffered "objectively offensive touching" that amounted to "criminal sexual misconduct"
Johnson v. California
545 U.S. 162 (2005) Cited 1,391 times 5 Legal Analyses
Holding that the People v. Wheeler, 22 Cal.3d 258, 148 Cal.Rptr. 890, 583 P.2d 748 and Batson standards are different, and that the less demanding Batson standard controls
Arlington Heights v. Metropolitan Housing Corp.
429 U.S. 252 (1977) Cited 4,280 times 8 Legal Analyses
Holding that plaintiffs need show only that "a discriminatory purpose has been a motivating factor in the decision," because, after all, "[r]arely can it be said that a legislature or administrative body operating under a broad mandate made a decision motivated solely by a single concern, or even that a particular purpose was the ‘dominant’ or ‘primary’ one."
Starr v. Baca
652 F.3d 1202 (9th Cir. 2011) Cited 5,216 times 2 Legal Analyses
Holding that a series of investigative reports documenting systemic deficiencies in a jail put the defendant-supervisor on notice of the risk of the harm that befell the plaintiff
Washington v. Davis
426 U.S. 229 (1976) Cited 3,271 times 3 Legal Analyses
Holding that disparate impact without evidence of discriminatory intent does not violate the Equal Protection Clause
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 485,542 times 688 Legal Analyses
Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 344,855 times 920 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 155,692 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 841 - Prohibited acts A
21 U.S.C. § 841 Cited 90,635 times 145 Legal Analyses
In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.
Section Amendment XIV - Rights Guaranteed: Privileges and Immunities of Citizenship, Due Process, and Equal Protection
U.S. Const. amend. XIV Cited 11,396 times 3 Legal Analyses
Prohibiting deprivations by “State”
Section 2000d - Prohibition against exclusion from participation in, denial of benefits of, and discrimination under federally assisted programs on ground of race, color, or national origin
42 U.S.C. § 2000d Cited 4,142 times 13 Legal Analyses
Prohibiting race discrimination in "any program or activity receiving Federal financial assistance"
Section 860 - Distribution or manufacturing in or near schools and colleges
21 U.S.C. § 860 Cited 1,224 times 4 Legal Analyses
Enhancing penalties because § 841 offense was committed near school
Section 945.3 - Action prohibited while criminal charges pending before superior court; statute of limitations tolled while charges pending
Cal. Gov. Code § 945.3 Cited 179 times
Tolling the statute of limitations during the period that charges are pending before a superior court

Cross et al v. City and County of San Francisco et al

85 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that the city could be held liable for failing to train police officers in determining whether detainees needed medical care because of the likelihood that, absent proper training, the officers would default on their constitutional obligations

Holding that, upon observing traffic violation, officer may stop vehicle regardless of his subjective motivations, "as long as the circumstances, viewed objectively, justify that action"

Holding that "claims [that are] voluntarily dismissed" are "waived if not repled" in an amended complaint"

Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988

Holding that the plaintiff sufficiently alleged actionable sexual harassment where her minor daughter suffered "objectively offensive touching" that amounted to "criminal sexual misconduct"

Holding that the People v. Wheeler, 22 Cal.3d 258, 148 Cal.Rptr. 890, 583 P.2d 748 and Batson standards are different, and that the less demanding Batson standard controls

Holding that a series of investigative reports documenting systemic deficiencies in a jail put the defendant-supervisor on notice of the risk of the harm that befell the plaintiff

Holding that disparate impact without evidence of discriminatory intent does not violate the Equal Protection Clause

Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.

Prohibiting deprivations by “State”

Prohibiting race discrimination in "any program or activity receiving Federal financial assistance"

Enhancing penalties because § 841 offense was committed near school

Tolling the statute of limitations during the period that charges are pending before a superior court