42 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,855 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
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,629 times   366 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' "
  3. Will v. Michigan Dept. of State Police

    491 U.S. 58 (1989)   Cited 24,313 times
    Holding that official capacity state officer suits for prospective injunctive relief are suits against a "person" under § 1983 even though a "State" is not a "person" under that statute
  4. Nat'l R.R. Passenger Corp. v. Morgan

    536 U.S. 101 (2002)   Cited 10,305 times   31 Legal Analyses
    Holding limitations period for hostile-work-environment claim runs from the last act composing the claim
  5. Pennhurst State School Hosp. v. Halderman

    465 U.S. 89 (1984)   Cited 13,531 times   8 Legal Analyses
    Holding that sovereign immunity prohibits federal courts from "instruct[ing] state officials on how to conform their conduct to state law"
  6. Seminole Tribe of Fla. v. Florida

    517 U.S. 44 (1996)   Cited 5,101 times   23 Legal Analyses
    Holding that Congress cannot abrogate state-sovereign immunity under its Article I commerce power, and rejecting the result in Pennsylvania v. Union Gas Co. , 491 U.S. 1, 109 S.Ct. 2273, 105 L.Ed.2d 1, seven years later; the decision in Union Gas never garnered a majority
  7. Cleveland Board of Education v. Loudermill

    470 U.S. 532 (1985)   Cited 6,911 times   7 Legal Analyses
    Holding that the tenured public employee was "entitled to oral or written notice of the charges against him, an explanation of the employer's evidence, and an opportunity to present his side of the story"
  8. Los Angeles v. Lyons

    461 U.S. 95 (1983)   Cited 7,549 times   13 Legal Analyses
    Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold
  9. Mullane v. Central Hanover Tr. Co.

    339 U.S. 306 (1950)   Cited 10,342 times   19 Legal Analyses
    Holding that due process requires a hearing "appropriate to the nature of the case"
  10. Gilbert v. Homar

    520 U.S. 924 (1997)   Cited 958 times   1 Legal Analyses
    Holding that short suspensions without pay, for alleged disciplinary infractions, do not constitute due process violations, even absent a predetermination hearing
  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 489,827 times   693 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 348,148 times   927 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  13. Section 30.265 - Scope of liability of public body, officers, employees and agents; liability in nuclear incident

    ORS § 30.265   Cited 531 times
    Requiring the substitution of the State of Oregon as defendant for torts allegedly committed by a state employee acting within the scope of employment
  14. Section 30.275 - Notice of claim; time of notice; time of action

    ORS § 30.275   Cited 456 times
    Describing formal notice
  15. Section 30.260 - Definitions for ORS 30.260 to 30.300

    ORS § 30.260   Cited 429 times
    Defining "tort"
  16. Section 659A.199 - Prohibited conduct by employer

    ORS § 659A.199   Cited 211 times   5 Legal Analyses
    Prohibiting employers from retaliating against an employee who has "in good faith reported information that the employee believes is evidence of a violation of a state or federal law, rule or regulation"
  17. Section 659A.875 - Time limitations

    ORS § 659A.875   Cited 68 times
    Requiring a civil action alleging an unlawful employment practice to be commenced within one year "after the occurrence of the unlawful employment practice"
  18. Section 236.360 - Disciplinary actions; written procedures; safeguards; just cause; notice

    ORS § 236.360   Cited 11 times

    (1) Employers of public safety officers shall adopt written procedures to implement the provisions of ORS 236.350 to 236.370. (2) Except as provided in subsection (3) of this section, the following safeguards apply when a public safety officer is under investigation concerning a matter that the officer reasonably believes may lead to economic sanctions or dismissal from employment and is subject to an interview by the officer's employer: (a) Unless the seriousness of an investigation requires otherwise

  19. Section 236.350 - Definitions for ORS 236.350 to 236.370

    ORS § 236.350   Cited 5 times

    As used in ORS 236.350 to 236.370: (1) "Disciplinary action" means action taken against a public safety officer by an employer to punish the officer, including dismissal, demotion, suspension without pay, reduction in salary, written reprimand and transfer. (2) "Just cause" means a cause reasonably related to the public safety officer's ability to perform required work. The term includes a willful violation of reasonable work rules, regulations or written policies. (3) "Public safety officer" means: