118 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,865 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' "
  2. Terry v. Ohio

    392 U.S. 1 (1968)   Cited 38,312 times   73 Legal Analyses
    Holding that a police officer who has reasonable suspicion of criminal activity may conduct a brief investigative stop
  3. Fed. Deposit Ins. v. Meyer

    510 U.S. 471 (1994)   Cited 7,062 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"
  4. Mathews v. Eldridge

    424 U.S. 319 (1976)   Cited 15,806 times   42 Legal Analyses
    Holding that a procedure based on written submissions was adequate because it included safeguards against mistake including that the agency informed the recipient of its tentative assessment and the evidence supporting it and an opportunity was then afforded the recipient to submit additional evidence "enabling him to challenge directly the accuracy of information in his file as well as the correctness of the agency's tentative conclusions"
  5. Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit

    507 U.S. 163 (1993)   Cited 5,133 times   2 Legal Analyses
    Holding that there is no heightened pleading requirement in § 1983 suits against municipalities
  6. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,656 times   50 Legal Analyses
    Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"
  7. Florida v. Royer

    460 U.S. 491 (1983)   Cited 6,722 times   14 Legal Analyses
    Holding that the government bears the burden of demonstrating reasonable suspicion
  8. Bailey v. United States

    516 U.S. 137 (1995)   Cited 2,764 times   12 Legal Analyses
    Holding that Government must show active employment of firearm to support § 924(c) conviction
  9. Arlington Heights v. Metropolitan Housing Corp.

    429 U.S. 252 (1977)   Cited 4,306 times   8 Legal Analyses
    Holding that plaintiffs need show only that "a discriminatory purpose has been a motivating factor in the decision," because, after all, "[r]arely can it be said that a legislature or administrative body operating under a broad mandate made a decision motivated solely by a single concern, or even that a particular purpose was the ‘dominant’ or ‘primary’ one."
  10. Food & Drug Administration v. Brown & Williamson Tobacco Corp.

    529 U.S. 120 (2000)   Cited 1,517 times   40 Legal Analyses
    Holding that Congress had not yet empowered the FDA to regulate tobacco products
  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 490,212 times   694 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 348,416 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
  13. Section 924 - Penalties

    18 U.S.C. § 924   Cited 66,153 times   187 Legal Analyses
    Holding that conviction for eluding police, under Maine statute which provides that "[w]hoever, after being requested or signaled to stop, attempts to elude a law enforcement officer by driving a vehicle at a reckless rate of speed which results in a high-speed chase between the operator's vehicle and any law enforcement vehicle using a blue light and siren is guilty" of a felony-level crime, involves conduct that presents a serious potential risk of physical injury to another for purposes of 18 U.S.C. § 924(e)
  14. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 24,130 times   23 Legal Analyses
    Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
  15. Section 1985 - Conspiracy to interfere with civil rights

    42 U.S.C. § 1985   Cited 19,918 times   10 Legal Analyses
    Concerning conspiracies to obstruct justice or intimidate a party, witness, or juror
  16. Section 2680 - Exceptions

    28 U.S.C. § 2680   Cited 7,702 times   12 Legal Analyses
    Concluding that claims for injurious falsehoods, disparagement of property, slander of goods, or trade libel are claims arising out of libel or slander under the FTCA
  17. Section 1328 - Discharge

    11 U.S.C. § 1328   Cited 3,310 times   6 Legal Analyses
    Granting discharge “as soon as practicable after completion by the debtor of all payments under the plan”
  18. Section 1226 - Apprehension and detention of aliens

    8 U.S.C. § 1226   Cited 3,173 times   22 Legal Analyses
    Ruling that no court may set aside an immigration judge's "discretionary judgment any action or decision . . . regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole"
  19. Section 52.1 - Interference by threat, intimidation or coercion with exercise or enjoyment of individual rights

    Cal. Civ. Code § 52.1   Cited 2,676 times   5 Legal Analyses
    Stating a person whose state or constitutional rights "ha[ve] been interfered with, or attempted to be interfered with," can bring an action against the alleged perpetrator
  20. Section 1229 - Initiation of removal proceedings

    8 U.S.C. § 1229   Cited 1,350 times   6 Legal Analyses
    Authorizing service by mail
  21. Section 236.1 - Apprehension, custody, and detention

    8 C.F.R. § 236.1   Cited 401 times   2 Legal Analyses
    Providing that an authorized officer may exercise discretion to release an alien if the alien demonstrates that release would not pose a danger and the alien is likely to appear at future proceedings
  22. Section 287.7 - Detainer provisions under section 287(d)(3) of the Act

    8 C.F.R. § 287.7   Cited 259 times   5 Legal Analyses
    Stating that detainers serve "the purpose of arresting and removing the alien"
  23. 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
  24. Section 287.1 - Definitions

    8 C.F.R. § 287.1   Cited 91 times   1 Legal Analyses
    Defining “reasonable distance” to mean 100 miles
  25. Section 287.12 - Scope

    8 C.F.R. § 287.12   Cited 16 times

    With regard to this part, these regulations provide internal guidance on specific areas of law enforcement authority. These regulations do not, are not intended to, and shall not be construed to exclude, supplant, or limit otherwise lawful activities of the Department or the Secretary. These regulations do not, are not intended to, shall not be construed to, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter, civil or criminal

  26. Section 287.11 - Pre-enrolled Access Lane

    8 C.F.R. § 287.11   Cited 1 times

    (a)Pre-enrolled Access Lane (PAL). A PAL is a designated traffic lane located at a Service checkpoint, which, when in operation, may be used exclusively by enrolled participants and their passengers in vehicles authorized by the Service to pass through the checkpoint. (b)General requirements for Pre-enrolled Access Lane Program. (1) Participation in the Pre-enrolled Access Lane program is wholly voluntary and failure to apply or denial of an application does not prevent any person from passing through