36 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 269,421 times 281 Legal Analyses
Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 282,303 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
Monell v. New York City Dept. of Social Services
436 U.S. 658 (1978) Cited 70,392 times 15 Legal Analyses
Holding that "local government ... are 'persons'" for purposes of 42 U.S.C. § 1983
Anderson v. Creighton
483 U.S. 635 (1987) Cited 15,844 times 6 Legal Analyses
Holding that an official who "reasonably but mistakenly conclude that probable cause is present" is entitled to qualified immunity
Conley v. Gibson
355 U.S. 41 (1957) Cited 59,465 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Davis v. Scherer
468 U.S. 183 (1984) Cited 3,803 times 1 Legal Analyses
Holding that the only relevant inquiry is whether federal law rights are clearly established; it does not matter that the officer simultaneously violates state law rights that are clearly established
Elrod v. Burns
427 U.S. 347 (1976) Cited 4,355 times 8 Legal Analyses
Holding that a requirement that public employees join the Democratic Party infringed their freedom of association
McMillian v. Monroe County
520 U.S. 781 (1997) Cited 1,440 times 1 Legal Analyses
Holding that even though "the sheriff's jurisdiction is limited to the borders of his county," the sheriff was a state official
Rutan v. Republican Party of Illinois
497 U.S. 62 (1990) Cited 1,284 times
Holding that Elrod–Branti doctrine also applies to “promotion, transfer, recall, and hiring decisions”
Branti v. Finkel
445 U.S. 507 (1980) Cited 1,594 times 4 Legal Analyses
Holding that the First Amendment permits consideration of a person's partisan affiliation when making personnel decisions for high-level policymaking roles
Section 636 - Jurisdiction, powers, and temporary assignment
28 U.S.C. § 636 Cited 532,393 times 41 Legal Analyses
Holding that when a party fails to object to a magistrate judge's report and recommendation, our review of the district court's resulting decision is for plain error so long as the party "has been served with notice that [this consequence] will result from a failure to object"
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 509,687 times 711 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 364,364 times 963 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 72 - Magistrate Judges: Pretrial Order
Fed. R. Civ. P. 72 Cited 179,100 times 20 Legal Analyses
Granting a party fourteen days to object to a Magistrate Judge's non-dispositive order
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 165,340 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1331 - Federal question
28 U.S.C. § 1331 Cited 101,550 times 142 Legal Analyses
Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
Section 85.003 - Deputies
Tex. Loc. Gov't Code § 85.003 Cited 35 times
Making clear that relationship between sheriff and deputy is that of principal and agent

Burnside v. Nueces County, Texas

36 Cited authorities

Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

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 "local government ... are 'persons'" for purposes of 42 U.S.C. § 1983

Holding that an official who "reasonably but mistakenly conclude that probable cause is present" is entitled to qualified immunity

Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Holding that the only relevant inquiry is whether federal law rights are clearly established; it does not matter that the officer simultaneously violates state law rights that are clearly established

Holding that a requirement that public employees join the Democratic Party infringed their freedom of association

Holding that even though "the sheriff's jurisdiction is limited to the borders of his county," the sheriff was a state official

Holding that Elrod–Branti doctrine also applies to “promotion, transfer, recall, and hiring decisions”

Holding that the First Amendment permits consideration of a person's partisan affiliation when making personnel decisions for high-level policymaking roles

Holding that when a party fails to object to a magistrate judge's report and recommendation, our review of the district court's resulting decision is for plain error so long as the party "has been served with notice that [this consequence] will result from a failure to object"

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

Granting a party fourteen days to object to a Magistrate Judge's non-dispositive order

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

Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

Making clear that relationship between sheriff and deputy is that of principal and agent