18 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,203 times 280 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 268,949 times 367 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Fed. Deposit Ins. v. Meyer
510 U.S. 471 (1994) Cited 7,067 times 1 Legal Analyses
Holding a Bivens claim does not lie against federal agencies because, if damages claims were permitted against federal agencies, "there would be no reason for aggrieved parties to bring damages actions against individual officers" and thus "the deterrent effects of the Bivens remedy would be lost"
Balistreri v. Pacifica Police Dept
901 F.2d 696 (9th Cir. 1988) Cited 16,090 times 5 Legal Analyses
Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"
Andrews v. Cervantes
493 F.3d 1047 (9th Cir. 2007) Cited 4,218 times
Holding that "a prisoner who alleges that prison officials continue with a practice that has injured him or others similarly situated in the past will satisfy the ‘ongoing danger’ standard and meet the imminence prong of the three-strikes exception"
Sprewell v. Golden State Warriors
266 F.3d 979 (9th Cir. 2001) Cited 5,099 times 4 Legal Analyses
Holding that unwarranted inferences are insufficient to defeat a motion to dismiss
Abdul-Akbar v. McKelvie
239 F.3d 307 (3d Cir. 2001) Cited 1,905 times 1 Legal Analyses
Holding that a district court order denying leave to proceed IFP falls within the scope of the collateral-order doctrine
Sprewell v. Golden State Warriors
275 F.3d 1187 (9th Cir. 2001) Cited 629 times
Affirming district court's order dismissing a petition to vacate under Rule 12(b) on the basis that the arbitrator's decision drew its essence from the CBA
Delta Savings Bank v. U.S.
265 F.3d 1017 (9th Cir. 2001) Cited 281 times
Holding that the FTCA does not waive the government's sovereign immunity for claims alleging violations of 42 U.S.C. § 1986
Mitan v. Feeney
497 F. Supp. 2d 1113 (C.D. Cal. 2007) Cited 55 times
Stating that discovery is warranted only if the plaintiff "make a 'colorable' showing," which is "less than a prima facie showing," of "'some evidence' tending to establish personal jurisdiction over the defendant."
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 348,503 times 930 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1915 - Proceedings in forma pauperis
28 U.S.C. § 1915 Cited 291,963 times 38 Legal Analyses
Holding that, after a plaintiff is granted in forma pauperis status, "the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim on which relief may be granted"
Section 1997e - Suits by prisoners
42 U.S.C. § 1997e Cited 54,115 times 20 Legal Analyses
Holding that prisoners must exhaust "available" administrative remedies before filing suit in federal court
Section 1346 - United States as defendant
28 U.S.C. § 1346 Cited 24,141 times 23 Legal Analyses
Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
Section 2246 - Definitions for chapter
18 U.S.C. § 2246 Cited 829 times 5 Legal Analyses
Defining "sexual contact" to include "the intentional touching, either directly or through the clothing, of the genitalia ... of any person with an intent to ... arouse or gratify the sexual desire of any person"

Bryan Kerr Dickson v. The United States of America

18 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 a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding a Bivens claim does not lie against federal agencies because, if damages claims were permitted against federal agencies, "there would be no reason for aggrieved parties to bring damages actions against individual officers" and thus "the deterrent effects of the Bivens remedy would be lost"

Holding that "a prisoner who alleges that prison officials continue with a practice that has injured him or others similarly situated in the past will satisfy the ‘ongoing danger’ standard and meet the imminence prong of the three-strikes exception"

Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

Holding that a district court order denying leave to proceed IFP falls within the scope of the collateral-order doctrine

Affirming district court's order dismissing a petition to vacate under Rule 12(b) on the basis that the arbitrator's decision drew its essence from the CBA

Holding that the FTCA does not waive the government's sovereign immunity for claims alleging violations of 42 U.S.C. § 1986

Stating that discovery is warranted only if the plaintiff "make a 'colorable' showing," which is "less than a prima facie showing," of "'some evidence' tending to establish personal jurisdiction over the defendant."

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

Holding that, after a plaintiff is granted in forma pauperis status, "the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim on which relief may be granted"

Holding that prisoners must exhaust "available" administrative remedies before filing suit in federal court

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

Defining "sexual contact" to include "the intentional touching, either directly or through the clothing, of the genitalia ... of any person with an intent to ... arouse or gratify the sexual desire of any person"