89 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,544 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 266,461 times   365 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. Saucier v. Katz

    533 U.S. 194 (2001)   Cited 20,252 times   9 Legal Analyses
    Holding when a defendant seeks qualified immunity, "a ruling on that issue should be made early in the proceedings so that the costs and expenses of trial are avoided where the defense is dispositive."
  4. Will v. Michigan Dept. of State Police

    491 U.S. 58 (1989)   Cited 24,122 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
  5. Harlow v. Fitzgerald

    457 U.S. 800 (1982)   Cited 31,487 times   11 Legal Analyses
    Holding that public officials are entitled to a "qualified immunity" from "liability for civil damages insofar as their conduct does not violate clearly established . . . rights of which a reasonable person would have known"
  6. Anderson v. Creighton

    483 U.S. 635 (1987)   Cited 15,419 times   6 Legal Analyses
    Holding that an officer is entitled to qualified immunity if "a reasonable officer could have believed" that the search was lawful "in light of clearly established law and the information the searching officers possessed"
  7. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,016 times   502 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"
  8. Fed. Deposit Ins. v. Meyer

    510 U.S. 471 (1994)   Cited 7,003 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"
  9. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,283 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity
  10. Bivens v. Six Unknown Fed. Narcotics Agents

    403 U.S. 388 (1971)   Cited 25,839 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
  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 486,625 times   688 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 345,715 times   922 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 1252 - Judicial review of orders of removal

    8 U.S.C. § 1252   Cited 42,533 times   36 Legal Analyses
    Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"
  14. Section 1985 - Conspiracy to interfere with civil rights

    42 U.S.C. § 1985   Cited 19,819 times   10 Legal Analyses
    Concerning conspiracies to obstruct justice or intimidate a party, witness, or juror
  15. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,345 times   92 Legal Analyses
    Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status
  16. Section 2680 - Exceptions

    28 U.S.C. § 2680   Cited 7,679 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 2674 - Liability of United States

    28 U.S.C. § 2674   Cited 4,425 times   2 Legal Analyses
    Specifying scope of United States' liability
  18. Section 1226 - Apprehension and detention of aliens

    8 U.S.C. § 1226   Cited 3,160 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 2,646 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 1103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General

    8 U.S.C. § 1103   Cited 818 times   4 Legal Analyses
    Granting the Attorney General power to "establish such regulations" and "review . . . administrative determinations in immigration proceedings"
  21. 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"
  22. Section 287.3 - Disposition of cases of aliens arrested without warrant

    8 C.F.R. § 287.3   Cited 148 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
  23. 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