45 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 276,716 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
County of Sacramento v. Lewis
523 U.S. 833 (1998) Cited 8,955 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"
Bivens v. Six Unknown Fed. Narcotics Agents
403 U.S. 388 (1971) Cited 26,443 times 27 Legal Analyses
Holding that there is an implied cause of action for money damages against federal officials for violations of the Fourth Amendment
Zadvydas v. Davis
533 U.S. 678 (2001) Cited 4,318 times 17 Legal Analyses
Holding that the Government's detention authority under Section 1231 is authorized for "a period reasonably necessary to secure removal"
Mathews v. Eldridge
424 U.S. 319 (1976) Cited 16,032 times 43 Legal Analyses
Holding that federal procedural due process claims are subject to a balancing test, not heightened scrutiny
Foman v. Davis
371 U.S. 178 (1962) Cited 29,475 times 4 Legal Analyses
Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal
Mine Workers v. Gibbs
383 U.S. 715 (1966) Cited 18,142 times 2 Legal Analyses
Holding that supplemental jurisdiction is a "doctrine of discretion"
McCarthy v. Dun & Bradstreet Corp.
482 F.3d 184 (2d Cir. 2007) Cited 3,332 times
Holding that the district court did not abuse its discretion in denying leave to amend where "discovery had closed, defendants had filed for summary judgment, and nearly two years had passed since the filing of the original complaint"
Withrow v. Larkin
421 U.S. 35 (1975) Cited 2,442 times 6 Legal Analyses
Holding that a claimant "must overcome a presumption of honesty and integrity in those serving as adjudicators . . . ."
Iqbal v. Hasty
490 F.3d 143 (2d Cir. 2007) Cited 1,837 times 1 Legal Analyses
Holding that Twombly's plausibility standard "obliges a pleader to amplify a claim with some factual allegations in those contexts where such amplification is needed to render the claim plausible"
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 501,343 times 705 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 357,835 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
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 162,084 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 93,795 times 92 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Section 1346 - United States as defendant
28 U.S.C. § 1346 Cited 24,468 times 23 Legal Analyses
Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
Rule 20 - Permissive Joinder of Parties
Fed. R. Civ. P. 20 Cited 11,678 times 22 Legal Analyses
Granting courts authority to "issue orders-including an order for separate trials."
Section 287.3 - Disposition of cases of aliens arrested without warrant
8 C.F.R. § 287.3 Cited 149 times 1 Legal Analyses
Requiring that an alien arrested without a warrant and placed in formal proceedings be apprised of the reason for his arrest, his right to representation, and that any statement he makes may be used against him in a subsequent proceeding

Barrera et al v. Boughton et al

45 Cited authorities

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

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"

Holding that there is an implied cause of action for money damages against federal officials for violations of the Fourth Amendment

Holding that the Government's detention authority under Section 1231 is authorized for "a period reasonably necessary to secure removal"

Holding that federal procedural due process claims are subject to a balancing test, not heightened scrutiny

Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

Holding that supplemental jurisdiction is a "doctrine of discretion"

Holding that the district court did not abuse its discretion in denying leave to amend where "discovery had closed, defendants had filed for summary judgment, and nearly two years had passed since the filing of the original complaint"

Holding that a claimant "must overcome a presumption of honesty and integrity in those serving as adjudicators . . . ."

Holding that Twombly's plausibility standard "obliges a pleader to amplify a claim with some factual allegations in those contexts where such amplification is needed to render the claim plausible"

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. . . ."

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"

Granting courts authority to "issue orders-including an order for separate trials."

Requiring that an alien arrested without a warrant and placed in formal proceedings be apprised of the reason for his arrest, his right to representation, and that any statement he makes may be used against him in a subsequent proceeding