63 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,589 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,823 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
  3. Pearson v. Callahan

    555 U.S. 223 (2009)   Cited 23,257 times   8 Legal Analyses
    Holding that a court may, without deciding whether there was a constitutional violation, look to the question of whether that right was "clearly established"
  4. Harlow v. Fitzgerald

    457 U.S. 800 (1982)   Cited 32,058 times   11 Legal Analyses
    Holding that public officials are entitled to a "qualified immunity" from "liability for civil damages insofar as their conduct does not violate clearly established . . . rights of which a reasonable person would have known"
  5. County of Sacramento v. Lewis

    523 U.S. 833 (1998)   Cited 8,959 times   7 Legal Analyses
    Holding that "only a purpose to cause harm unrelated to the legitimate object of arrest will satisfy the element of arbitrary conduct shocking to the conscience, necessary for a due process violation"
  6. Daniels v. Williams

    474 U.S. 327 (1986)   Cited 13,002 times   5 Legal Analyses
    Holding that "the Due Process Clause [of the Fourteenth Amendment] is simply not implicated by a negligent act of an official causing unintended loss of or injury to life, liberty, or property"
  7. Hudson v. Palmer

    468 U.S. 517 (1984)   Cited 12,715 times   13 Legal Analyses
    Holding that prisoners have no reasonable expectation of privacy
  8. Deshaney v. Winnebago Cty. Soc. Servs. Dept

    489 U.S. 189 (1989)   Cited 5,758 times   8 Legal Analyses
    Holding that negligence by a county social services department which left a child permanently brain damaged by his abusive father did not shock the conscience
  9. Gomez v. Toledo

    446 U.S. 635 (1980)   Cited 5,486 times   1 Legal Analyses
    Holding that defendant bears burden of pleading defenses
  10. Salahuddin v. Cuomo

    861 F.2d 40 (2d Cir. 1988)   Cited 3,396 times
    Holding that district court was "within bounds of discretion to strike or dismiss complaint for noncompliance with Rule 8" where complaint spanned "15 single-spaced pages," and contained "a surfeit of detail."
  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 501,487 times   705 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
  12. 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 357,946 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,144 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  14. Section 50-E - Notice of claim

    N.Y. Gen. Mun. Law § 50-E   Cited 4,970 times   2 Legal Analyses
    Requiring that a plaintiff must file a notice of claim prior to commencement of an action against a municipality and must serve the notice of claim within ninety days after the claim arises
  15. Section 349 - Deceptive acts and practices unlawful

    N.Y. Gen. Bus. Law § 349   Cited 4,954 times   110 Legal Analyses
    Granting "any person who has been injured by reason of any violation of this section" the right to "bring an action in his own name"
  16. Section 157 - Claims and actions against authorities

    N.Y. Pub. Hous. Law § 157   Cited 159 times

    1. In every action or special proceeding, for any cause whatsoever, prosecuted or maintained against an authority, other than a claim arising out of a condemnation proceeding, the complaint or necessary moving papers shall contain an allegation that at least thirty days have elapsed since the demand, claim or claims upon which such action or special proceeding is founded were presented to the authority for adjustment and that it has neglected or refused to make an adjustment or payment thereof for